Kirti vs State Of Rajasthan
2022 Latest Caselaw 3808 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6917/2019

1. Kirti W/o Shri Pankaj D/o Shri Krishangopal Ji Kumawat, Aged About 30 Years, By Caste Kumawat, R/o D 199, Nai Abadi, Kankroli, Tehsil And District Rajsamand.

2. Mukesh S/o Late Shri Bhanwar Lal Ji Kumawat, Aged About 32 Years, Panchratan Complex, Bhilwara Road, Kankroli, Tehsil Rajsamand.

----Petitioners Versus

1. State Of Rajasthan, Through P.p.

2. Pankaj S/o Shri Kishanlal Kumawat, Aged About 33 Years, D 199 Nai Abadi, Kankroli, Tehsil And District Rajsamand.

----Respondents

For Petitioner(s) : Mr. Ramesh Purohit For Respondent(s) : Mr. S.K. Bhati, PP

JUSTICE DINESH MEHTA

Order

10/03/2022

1. By way of present petition under section 482 of the Code of

Criminal Procedure (for short "the Code"), the petitioners have

challenged the order dated 05.11.2019 passed by the Addl.

District & Sessions Judge, Nathdwara (hereinafter referred to as

"the trial Court") whereby petitioner's revision No.37/2018 has

been rejected for want of prosecution.

2. Learned counsel for petitioners argues that the Court hearing

appeal or revision under the Code of Criminal Procedure or cases

arising out of criminal matters cannot dismiss the matter in

default or in absence of a counsel.

(2 of 2) [CRLMP-6917/2019]

3. In support of his contention aforesaid, learned counsel relies

upon judgment of Hon'ble the Supreme Court in case of K.

Muruganandam & Ors. Vs. State Represented by Deputy

Superintendent of Police & Anr. [2021 (3) KLJ 993], Kabira

Vs. State of U.P. : 1981 Supp. SCC 76, Mohd. Sukur Ali Vs.

State of Assam : 2011 4 SCC 729 and full bench judgment of

this Court dated 05.12.1986 rendered in case of Habu Vs. State

of Rajasthan [AIR 1987 Raj. 83] and argues that the impugned

order passed by the Revisional Court is clearly contrary to law.

4. Learned Public Prosecutor is not in a position to dispute the

aforesaid position of facts and law.

5. Hence, the petition under section 482 of the Code is allowed.

6. The impugned order dated 05.11.2019 is hereby quashed

and set-aside.

7. The revision is restored to the Court of Addl. District &

Sessions Court, Nathdwara.

8. The petitioner shall appear before the Court on 04.04.2022,

along with certified copy of the order instant, whereafter the Court

shall proceed in accordance with law, obviously, after issuing

notice to the respondent.

(DINESH MEHTA),J 4-Amar/-

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