Choturam Gurjar S/O Sh. Narayan ... vs State Of Rajasthan
2022 Latest Caselaw 474 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 7335/2021

Choturam Gurjar S/o Sh. Narayan Gurjar, R/o Lasadiya, Tehsil
Chaksu, District Jaipur (Rajasthan).
                                                                   ----Petitioner
                                   Versus
1.     State Of Rajasthan, Through P.p.
2.     S.r. Finances, Propritor Vinay Baid S/o Sh. Ratan Lal Baid,
       Office G-1 Pink Tower Rajasthan Hospital Ke Pass, Sahara
       Chembar      Ke    Piche,       Tonk      Phatak,        Jaipur-   302015
       (Rajasthan).
                                                                ----Respondents

For Petitioner(s) : Mr. R.B. Sharma, through VC. For Respondent(s) : MR. M.S. Saini, PP.

HON'BLE MR. JUSTICE FARJAND ALI

Order

19/01/2022

By way of filing the instant misc. petition, challenge has been

made to the order dated 04.07.2017 passed by the Special Metro

Magistrate (NI Act Cases) No.1, Jaipur Metro, whereby the learned

Magistrate took cognizance of the offence and issued process

against the petitioner as well as the order dated 5.10.2021

whereby an application preferred by the petitioner for dropping

the proceedings has been dismissed.

Heard learned counsel for the petitioner and learned Public

Prosecutor. There is statutory provision under Section 362 of

Cr.P.C. that a criminal Court cannot review its own order expect

typographical, clerical or arithmetical error. This Court is aptly

guided by the judgment passed by the Hon'ble Supreme Court in

(2 of 2) [CRLMP-7335/2021]

the matter of Adalat Prasad versus Rooplal Jindal and Ors. (2004)

7 SCC 338.

In this view of the matter, the submissions made by the

counsel for the petitioner are devoid of any merit and deserves

dismissal. The petitioner would be at liberty to raise his questions

before the learned trial Court at appropriate stage.

The criminal misc. petition is dismissed.

Stay application also stands dismissed.

(FARJAND ALI),J

PREETI VALECHA /53

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