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2026 DAILYLAW 336 (RAJ)

NANAG RAM MAHAWAR, SON OF SHRI JAI RAM, v. STATE OF RAJASTHAN

CRLMA/613/2025 · 2026-03-07

Anil Kumar Upman

body2026

Judgment text

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[2026:RJ-JP:9840] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Application No. 613/2025 In S.B. Criminal Misc. Petition No.3281/2016 1. Nanag Ram Mahavar, son of Shri Jai Ram, Resident of House No. 46, Narayan Vihar, IInd, Rampura Road, San- ganer, District Jaipur (Raj.) 2. Rohit Mahavar, son of Nanag Ram Mahavar, Resident of House No. 46, Narayan Vihar, IInd, Rampura Road, San- ganer, District Jaipur (Raj.) ----Petitioners Versus 1. State of Rajasthan, through Public Prosecutor. 2. Smt. Hemlata Verma, wife of Kuldeep Verma, Resident of House No. 20, Narayan Vihar, IInd, Rampura Road, Police Station Muhana, Jaipur (Raj.) ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. Vijay Singh Yadav, PP with Mr. Onkar Singh Rajpurohit, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 07/03/2026 1. In “Ex-Capt. Harish Uppal versus Union of India and Anr.” reported in 2003 (2) SCC 45, Hon’ble Supreme Court has held that lawyers have no right to go on strike or to give a call for boycott of Courts. Calls given by Bar Association or Bar Council for such purpose cannot require the Court to adjourn the matters. In the case of “Krishnakant Tamrakar versus the State of Madhya Pradesh” reported in (2018) 17 SCC 27, it has been held that [2026:RJ-JP:9840] (2 of 2) [CRLMA-613/2025] strike by advocates is in violation of law laid down by the Hon’ble Supreme Court and the same tantamount to contempt. The Hon’ble Supreme Court has further held that the office bearers are liable to be removed from the office for passing resolution for strike. In view of the judgment passed by Hon’ble Supreme Court in Ex-Capt. Harish Uppal (Supra) and Krishnakant Tamrakar (Supra), since the advocates are abstaining from work today, this Court deems it proper to pass order on merits. 2. The instant criminal misc. application under Section 482 of Cr.PC (Section 528 of BNSS, 2023), has been preferred for restoration of S.B. Criminal Misc. Petition No.3281/2016, which was dismissed for want of prosecution vide order dated 11.09.2025 passed by a Co-ordinate Bench of this Court. 3. Having considered the grounds mentioned in the application and in the interest of justice, the same is allowed and the S.B. Criminal Misc. Petition No. 3281/2016 is ordered to be restored to its original number. (ANIL KUMAR UPMAN),J LALIT MOHAN /29