Vijay Kumar Sharma vs State Of Rajasthan (2026:Rj-Jd:7182)
2026 Latest Caselaw 1983 Raj

Rajasthan High Court - Jodhpur

Vijay Kumar Sharma vs State Of Rajasthan (2026:Rj-Jd:7182) on 9 February, 2026

Author: Farjand Ali

Bench: Farjand Ali

[2026:RJ-JD:7182]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc. Appli No. 598/2025

Vijay Kumar Sharma S/o Sh Laduram Sharma, Aged About 72
Years, R/o W.no. 21, Behind P.s., Purani Abadi, Sri Ganganagar
(Rajasthan).
                                                                         ----Petitioner
                                       Versus
1.       State Of Rajasthan, Through Pp
2.       Dr Ram Prakash Nayak S/o Veerbhan Nayak, Multipurpose
         School, Purani Abadi, Sri Ganganagar.
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Rahul Raj
For Respondent(s)            :     Mr. Surendra Bishnoi, AGA



                HON'BLE MR. JUSTICE FARJAND ALI

Order

09/02/2026

1. The instant Misc. Application has been instituted under Section

528 of the Bharatiya Nagarik Suraksha Sanhita, invoking the

jurisdiction of this Court for restoration of a Criminal Appeal

No.1417/2023 which stood dismissed in default by a Coordinate

Bench vide order dated 04.03.2025.

2. A scrupulous perusal of the said order reveals that on the

date fixed for hearing, none appeared on behalf of the appellant,

even upon the matter being called out for the second time. The

record further discloses a pattern of persistent non-appearance.

On earlier occasions as well--specifically on 27.02.2025,

24.02.2025, 08.11.2024, and 15.10.2024, there was no

representation on behalf of the appellant, nor was any endeavour

undertaken to advance submissions. Such repeated absence

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[2026:RJ-JD:7182] (2 of 2) [CRLMA-598/2025]

bespeaks a conspicuous lack of diligence and prosecutorial

seriousness in pursuing the appeal.

3. Upon an overall and circumspect examination of the

impugned order, this Court discerns neither procedural impropriety

nor jurisdictional transgression, nor any patent infirmity vitiating

the decision rendered by the Coordinate Bench. The dismissal of

the appeal for non-prosecution appears to have been preceded by

adequate opportunity and cannot be characterized as arbitrary or

legally untenable so as to warrant interference in exercise of

inherent or supervisory powers.

3.1. It is further of significance that neither the erstwhile Code of

Criminal Procedure nor the Bharatiya Nagarik Suraksha Sanhita

expressly confers upon this Court the authority to restore a

criminal appeal once dismissed in default. In the absence of a

clear statutory sanction enabling such revival, this Court cannot,

by judicial improvisation or interpretative expansion, assume a

jurisdiction not vested in it by law.

4. Accordingly, the present Misc. Application, being bereft of

statutory substratum and lacking substantive justification, stands

dismissed.

(FARJAND ALI),J

134-Mamta/-

(Uploaded on 13/02/2026 at 06:07:06 PM)

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