Rajasthan High Court - Jodhpur
Heera Bharti vs State Of Rajasthan (2025:Rj-Jd:40875) on 12 September, 2025
[2025:RJ-JD:40875]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Application No. 591/2025
In
S.B. Criminal Misc(Pet.) No. 6744/2025
Heera Bharti S/o Shri Lahar Bharti, Aged About 38 Years, R/o
Math Dantlawas, Tehsil Jaswatpura, District Jalore (Raj)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Heera Bharti, petitioner in person
For Respondent(s) : Mr. Prem Singh Panwar, PP
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
12/09/2025
1. The present miscellaneous application has been preferred by
the petitioner seeking modification/recalling of the order dated
27.08.2025, passed by this Court in S.B. Criminal Misc. Petition
No.6744/2025 as the petitioner approached this court for
quashing and setting aside the order dated 06.06.2025 passed by
the learned Judicial Magistrate, Bhinmal, Jalore, however, due to
inadvertence he placed reliance on the judgment rendered by the
Hon'ble Punjab and Haryana High Court in Varinder Singh Vs.
State of Punjab: (2023:PHC:104379); in which proceedings
under sections 444 and 446 of Cr.P.C. were quashed; instead of
judgment rendered by a co-ordinate bench of this Court at Jaipur
in Vipas Pandit Vs State of Rajasthan & Anr. (S.B. Criminal
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[2025:RJ-JD:40875] (2 of 3) [CRLMA-591/2025]
Writ Petition No. 91/2020), wherein proceedings under Section
37 of Rajasthan Police Act were quashed.
2. For the reasons mentioned in the application, the same is
allowed.
3. Accordingly, the order dated 27.08.2025 passed by this
Court in S.B. Criminal Misc.(Pet.) No. 6744/2025 is hereby
recalled. Office is directed to delete the aforesaid order dated
27.08.2025 from the official website of the High Court.
4. In view of the above, the following order is passed in S.B.
Criminal Misc.(Pet.) No. 6744/2025:
"1. This criminal misc. petition under section 482 Cr.P.C. has been
filed for setting aside the order dated 06.06.2025 passed by learned
Judicial Magistrate, Bhinmal, Jalore whereby the permanent arrest
warrant has been issued against the petitioner.
2. Learned counsel for the petitioner submits that the petitioner
went outside the State to attend a religious procession and to carry out
some spiritual work, therefore, he could not appear before the learned
Court below. The learned trial Court, considering the petitioner's
absence on the fateful day, ordered permanent arrest warrant and
initiated the proceedings under Section 37 of the Rajasthan Police Act.
He prayed for setting aside the order dated 06.06.2025.
3. Learned Counsel has placed reliance on the judgment passed by a
co-ordinate bench of this Court at Jaipur in Vipas Pandit Vs State of
Rajasthan & Anr. (S.B. Criminal Writ Petition No. 91/2020).
4. Learned PP would support the impugned order passed by the
learned Court below for the reasons stated therein.
5. Heard learned counsel for the parties and perused the record.
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[2025:RJ-JD:40875] (3 of 3) [CRLMA-591/2025]
6. From perusal of the material available on record, it is revealed
that the petitioner could not appear before the learned trial Court as he
went outside the State to attend a religious procession and to carry out
some spiritual work.
6. In light of the aforesaid, the impugned order dated 06.06.2025 is
set aside, consequently the proceedings under Section 37 of the
Rajasthan Police Act pending against the petitioner is quashed.
7. The petitioner is directed to appear before the trial Court on or
before 23.09.2025 and upon his appearance the learned trial Court is
free to proceed further, in accordance with law.
8. Disposed of accordingly.
9. Pending application(s), if any, also stand disposed of."
5. A copy of this order be placed in S.B. Criminal Misc.(Pet.) No.
6744/2025.
(MUKESH RAJPUROHIT),J
459-Ramesh/-
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