[Cites 1, Cited by 0]
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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