Ashish Azariya vs Harsh Kumar Sharma (2025:Rj-Jd:41720)
2025 Latest Caselaw 13434 Raj

Rajasthan High Court - Jodhpur

Ashish Azariya vs Harsh Kumar Sharma (2025:Rj-Jd:41720) on 18 September, 2025

[2025:RJ-JD:41720]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 7450/2025

Ashish Azariya S/o Keshulal Ji, Aged About 42 Years, House No.
291, Vivek Nagar, Hiranmagri Sector No. 3, Udaipur, Rajasthan.
                                                                     ----Petitioner
                                     Versus
1.       Harsh Kumar Sharma S/o Vinod Kumar Sharma, House
         No. 12, Road No. 5-A Ashok Nagar, District Udaipur,
         Rajasthan.
2.       State Of Rajasthan, Through Pp
                                                                  ----Respondents


For Petitioner(s)          :     Mr. Avin Chhangani.
For Respondent(s)          :     Mr. Ramesh Dewasi, PP.



          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

18/09/2025

1. By way of filing the present criminal misc. petition, a

challenge has been made to the order dated 03.06.2025 passed

by the learned Additional Sessions Judge, Women Harassment

Case, Udaipur, in CIS No.100/2025 Appeal Criminal.

2. Drawing attention of the Court towards the impugned order

and various documents attached with the case file, learned

counsel for the petitioner submitted that the petitioner is currently

unemployed and does not have any source of income to sustain

himself. Learned counsel thus prayed that since the petitioner is

facing financial crunch and is unable to satisfy the said condition

to deposit the 20% of the fine amount, the said condition being

discretionary, be removed. In support of his argument, learned

counsel has placed reliance upon the judgment rendered by the

(Uploaded on 18/09/2025 at 02:17:21 PM)

[2025:RJ-JD:41720] (2 of 2) [CRLMP-7450/2025]

Hon'ble Supreme Court of India in the case of "Jamboo Bhandari

v. M.P. State Industrial Development Corporation Limited &

Ors.": (Criminal Appeal No(s). 2741 of 2023 [SLP (CRL)

No(s). 4927 of 2023]).

3. Learned counsel for the petitioner submitted that keeping in

view the law enshrined by the Hon'ble Supreme Court of India, a

suitable modification in the order dated 03.06.2025 may be made.

4. In view of aforesaid, the legal provisions of law ensued in

this regard by Hon'ble Supreme Court, this Court deems it just

and appropriate to dispose of the present criminal misc. petition

by making slight modification in the order dated 03.06.2025

passed by the learned Additional Sessions Judge, Women

Harassment Case, Udaipur, in CIS No.100/2025 Criminal Appeal. It

is ordered that now, the petitioner would deposit 10% of the

cheque amount instead of 20% of the fine amount as awarded by

the trial Court within a period of one month from the date of this

order.

5. All pending applications, if any, shall stand disposed of.

(MUKESH RAJPUROHIT),J 20-/Jitender//-

(Uploaded on 18/09/2025 at 02:17:21 PM)

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