Rajpal Singh vs State Of Rajasthan (2025:Rj-Jd:37651)
2025 Latest Caselaw 9846 Raj

Rajasthan High Court - Jodhpur

Rajpal Singh vs State Of Rajasthan (2025:Rj-Jd:37651) on 22 August, 2025

[2025:RJ-JD:37651]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 4605/2024

Rajpal Singh S/o Harish Chandra, Aged About 51 Years, R/o In
Front Of New Sabji Mandi, Nar Ramdev Hotel, Pugal Road,
Bikaner.
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Premratan Khatri S/o Ganpat Lal, R/o 1-C-1, Vallabh
         Garden, Bikaner.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. HS Shrimali.
For Respondent(s)         :     Mr. Narendra Singh, PP.



          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

22/08/2025

1. The instant miscellaneous petition has been preferred by the

petitioner assailing the order dated 18.04.2024 passed by the

learned Additional Sessions Judge No.5, Bikaner, whereby the

order passed by the learned Special Judicial Magistrate (N.I. Act

Cases) No.1 in Case No.8261/2019 was affirmed and cognizance

was taken.

2. Learned counsel for the petitioner submits that in view of the

law laid down by the Hon'ble Supreme Court in Dashrathbhai

Trikambhai Patel vs. Hitesh Mahendrabhai Patel & Anr.,

Criminal Appeal No.1497/2022, decided on 11.10.2022, the

impugned order deserves to be quashed and set aside.

[2025:RJ-JD:37651] (2 of 2) [CRLMP-4605/2024]

3. Learned counsel for the petitioner, however, prays for liberty to

raise all objections, including reliance upon the aforesaid

judgment, before the learned court below.

4. Having considered the facts and circumstances of the case and

upon perusal of the record, the instant petition is disposed of with

liberty to the petitioner to raise all his objections before the

learned trial court. It is expected that the learned trial court shall

consider and decide the same objectively and in accordance with

law. Pending applications, if any, stand disposed of.

(MUKESH RAJPUROHIT),J 7-/Jitender//-

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