Citation : 2025 Latest Caselaw 11268 Raj
Judgement Date : 8 April, 2025
[2025:RJ-JD:18014]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Appli No. 202/2025
Shri Vinayak Distributor, Through Proprietor Hitendra Puri S/o
Shri Devendra Puri Aged About 45 Years, R/o Hotel Vinayak
Palace, Collectorate Choraha, Ps Kotwali, District Chittorgarh
(Raj)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Rajendra Singh S/o Madan Singh (Died), Through His
Power Of Attorney Pushpendra Kothari S/o Rajendra
Singh Kothari, Aged About 58 Years, Resident Of 114/2,
Pratap Nagar, Chittorgarh, Tehsil And District Chittorgarh
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Mohit Singh
For Respondent(s) : Mr. VS Rajpurohit, Dy.G.A.
HON'BLE MR. JUSTICE FARJAND ALI
Order
08/04/2025
1. The instant application has been preferred for recalling the
order dated 27.01.2025 passed by this Court.
2. After passing any order, a criminal court becomes functus
officio and as per Section 362 of Cr.P.C., only arithmetic and
clerical errors can be rectified.
3. Nothing would preclude the learned trial Court to hear the
parties on question of law and to decide the matter in accordance
with the judgment of Hon'ble the Supreme Court in the case of
Jugesh Sehgal Vs. Shamsher Singh Gogi. (2009) 14 SCC
683.
[2025:RJ-JD:18014] (2 of 2) [CRLMA-202/2025]
4. Accordingly, the instant application is disposed of.
(FARJAND ALI),J 17-divya/-
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