[2026:RJ-JP:22448] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5069/2024 Parshuram Dhanka ( R.a.s) Son Of Late Shri Sheoram Dhanka, Aged About 55 Years, The Then Registrar, University Of Rajasthan, Resident Of A-02, Triveni Nagar, Gopal Bypass, Jaipur Presently Posted On The Post Of Joint Secretary ( Group-I) Industry And Commerce Department, Government Of Rajasthan, Jaipur. ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Dr. Mahipal Singh Sihag Son Of Shri Ramjas Sihag, Aged About 47 Years, Resident Of R-8, Rajasthan University Campus, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Ms. Ambika For Respondent(s) : Mr. Vikram Singh Nain Mr. Amit Kumar Gupta, PP Mr. Gaurav Gupta, Asstt. GA JUSTICE ANOOP KUMAR DHAND Order 26/05/2026 1. By way of filing the instant petition, a challenge has been led to the impugned order dated 30.05.2024, passed by the Sessions Judge, District Jaipur in Criminal Revision Petition No. 05/2023, by which the revision petition submitted by the petitioner against the order dated 12.04.2018, passed by the Additional Chief Judicial Magistrate, No.2, Jaipur Metropolitan, Jaipur has been rejected. 2. Vide order dated 12.04.2018, the Learned Additional Chief Judicial Magistrate No.2, Jaipur Metropolitan has taken cognizance against the petitioner for the offence under Section 175 IPC in Case No.643/2019. [2026:RJ-JP:22448] (2 of 4) [CRLMP-5069/2024] 3. Learned counsel for the petitioner submits that cognizance for the same offence under Section 175 IPC was taken against the co-accused Kedarmal Gupta and Devender Sharma. Learned counsel further submits that the co-accused-Kedarmal Gupta, filed a revision petition against the cognizance order before the Court of Additional Sessions Judge, No.8, Jaipur Metropolitan and the same was allowed by the Revisional Court vide order dated 20.12.2019 on the ground that no prosecution sanction was obtained under Section 197 Cr.P.C. and hence, under such circumstances, cognizance could not have been taken against the said accused-Kedarmal Gupta who was a public servant working on the post of Registrar, Rajasthan University. Learned counsel submits that aforesaid order dated 20.12.2019 in the case of Kedarmal Gupta was followed by the learned Judicial Magistrate, No.1, District Jaipur in the case of co-accused-Devender Sharma and the same benefit was extended to him by passing the order dated 15.05.2026 and the proceedings against the accused- Devender Kumar Sharma were dropped on the ground that prosecution sanction under Section 197 Cr.P.C. was not obtained. 4. Learned counsel submits that there is no distinction between the case of instant petitioner-Parshuram Dhanka from the case of the accused-Kedarmal Gupta and Devender Sharma to whom the benefit of failure to procure prosecution sanction under Section 197 Cr.P.C. has been extended. Hence, under these circumstances, the petitioner-Parshuram Dhanka is also entitled to the aforesaid benefit in accordance with Section 197 Cr.P.C. 5. Per contra, learned counsel appearing on behalf of the complainant-respondent submits that there is distinction between [2026:RJ-JP:22448] (3 of 4) [CRLMP-5069/2024] the case of the petitioner from the case of the accused-Kedarmal and Devender Kumar Sharma. Hence, under these circumstances, any interference of this Court not warranted and the instant petition is liable to be rejected. 6. Heard and considered the submissions made at the Bar and perused the material available on record. 7. Perusal of the record indicates that a complaint was submitted against three accused persons namely Kedarmal Gupta Devender Sharma, and the present petitioner Parshuram Dhanka. On the basis of the allegations levelled in the aforesaid complaint, cognizance have been taken against the three accused persons for the offence under Section 175 IPC. It is worthy to note here that against the order of cognizance against the co-accused Kedarmal Gupta, a revision petition was filed by him before the Court of Additional Sessions Judge, No.8, Jaipur Metropolitan and the same was allowed by the Revisional Court on the ground that prosecution sanction under Section 197 Cr.P.C. was not obtained against the co-accused Kedarmal Gupta and the cognizance order against him was quashed. The aforesaid order passed in the case of the co-accused Kedarmal Gupta was followed by the learned Judicial Magistrate, No.1, District Jaipur in the case of co-accused Devender Sharma and the proceedings against him were dropped vide order dated 15.05.2026. 8. This Court has perused the entire impugned order dated 30.05.2024 passed by the Revisional Court and there is not a single mention about any distinction in the case of the petitioner- Parshuram Dhanka from the case of the aforementioned co- [2026:RJ-JP:22448] (4 of 4) [CRLMP-5069/2024] accused persons with regard to failure to obtain prosecution sanction under Section 197 Cr.P.C. 9. In light of the observations made herein above, the impugned order dated 30.05.2024 is quashed and set aside and the instant matter is remanded back to the Revisional Court for passing fresh orders, with the specific direction to make a clear observation with regards to the distinction, if any, between the case of the petitioner from the case of the co-accused persons, i.e. Kedarmal Gupta and Devender Sharma. 10. The parties are directed to appear before the Revisional Court on 29.06.2026. It is expected from the Revisional Court to decide the revision petition expeditiously, as early as possible, preferably within a period of two months from the date of receipt of this order, without entertaining any unnecessary and unwarranted requests for adjournment by either side. 11. Interim order, if any, stands vacated. (ANOOP KUMAR DHAND),J RACHNA/81