DR. SURESH CHAND SAINI S/O SHRI RAMSINGH SAINI v. STATE OF RAJASTHAN
CRLMA/184/2025 · 2026-02-13
Sudesh Bansal
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 17593 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 17593 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:7115] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Application No. 184/2025 In S.B. Criminal Miscellaneous Petition No. 7081/2023
1. Dr. Suresh Chand Saini S/o Shri Ramsingh Saini, Aged About 39 Years, R/o Shiv Colony, Near G.B. Dental Hospital, Shahadpur, Mahwa, Dausa, Distt. Dausa (Raj.)
2. Lokendra Singh Gurjar S/o Shri Tikam Singh, R/o Nangala, Jharkai, Nadbai, Distt. Bharatpur (Raj.) ----Petitioners Versus
1. State Of Rajasthan, Through P.P. ----Respondent
2. Dr. Subhash Biloniya S/o Gyarsilal, at present Chief Medical & Health Officer Dausa, Distt. Dausa, Permanent Address Kamleshwar Colony, Zadav Phatak, Kotwali, Dausa (Raj.) ----Complainant For Petitioner(s) : None present For Respondent(s) : Mr. Naresh Kumar Gupta, PP HON'BLE MR. JUSTICE SUDESH BANSAL
Order 13/02/2026
1. Instant criminal miscellaneous application No.184/2025 has been filed by accused-petitioners seeking to review/recall the final
order dated 18.01.2024, whereby and whereunder their S.B. Criminal Miscellaneous Petition No. 7081/2023 was disposed of as having become infructuous.
2. It has inter alia been stated that S.B. Criminal Miscellaneous Petition No.7081/2023 was filed for quashing of FIR No.695/2023 registered at Police Station Mahwa, District Dausa for the offences
[2026:RJ-JP:7115] (2 of 2) [CRLMA-184/2025] under Sections 420, 120-B, 166-A and 167 IPC. That petition was
disposed of treating as infructuous on the statement of learned Public Prosecutor that negative final report dated 15.12.2023 has been submitted therein.
3. It has further been stated in the application that indeed after investigation, in the impugned FIR No.695/2023, offences under Sections 420, 120-B, 166-A and 167 IPC were not found proved, but charge sheet against petitioners for the offence under Section 465/34 IPC has been filed, hence, in that view, prayer has been made to revive S.B. Criminal Miscellaneous Petition No.7081/2023.
4. This Court is of the opinion that previous S.B. Criminal Miscellaneous Petition No.7081/2023 was not decided on merits, and if in the FIR No.695/2023, after investigation, police has submitted charge sheet for the offence under Section 465/34 IPC against petitioners and they seek to challenge that charge sheet, since a fresh cause of action has arisen, hence, they are at liberty to file a fresh petition and for that purpose, revival of previous S.B. Criminal Miscellaneous Petition No.7081/2023 is not warranted.
5. In that view of matter, with aforesaid liberty, instant criminal misc. application stands disposed of.
(SUDESH BANSAL),J AARZOO ARORA /9-S.