Citation : 2026 Latest Caselaw 626 Raj
Judgement Date : 15 January, 2026
[2026:RJ-JD:2576]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 522/2025
Rajkumari Soni W/o Shri Manoj Soni, Aged About 47 Years, D/o
Shiv Ratan Soni R/o -66 Shantipriya Nagar, Cheerghar, Opp.
Maulana Abdul Kalam Azad School, Jodhpur
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Manoj Soni S/o Shri Goverdhan Lal Soni, R/o Ravton Ka
Bas,ghodo Ka Chowk Jodhpur
----Respondents
For Appellant(s) : Mr. Sabir Khan
For Respondent(s) : Mr. Surendra Bishnoi, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
15/01/2026
1. The accused-respondent Manoj Soni was prosecuted for the
offences under Sections 498-A and 406 of the Indian Penal
Code before the learned Judicial Magistrate, Jodhpur. Vide
judgment dated 15.01.2019, the learned trial court
convicted the accused and sentenced him to undergo the
punishment awarded therein.
2. Thereafter, the appellant herein preferred an appeal bearing
Criminal Appeal No. 23/2021, titled Smt. Rajkumari Soni vs.
State of Rajasthan & Anr., before the learned Sessions
Judge, Jodhpur. From the record, it appears that the said
appeal was preferred challenging the judgment of the trial
court. The learned Sessions Judge, Jodhpur, entertained the
(Uploaded on 17/01/2026 at 04:30:13 PM)
[2026:RJ-JD:2576] (2 of 2) [CRLAS-522/2025]
appeal and vide judgment dated 18.09.2024, dismissed the
same, though not on the ground of maintainability.
3. The appellant has now preferred the present appeal
challenging the judgment dated 18.09.2024 passed by the
learned Sessions Judge, Jodhpur.
4. This Court finds that the present appeal is, in effect, a
second criminal appeal. The Code of Criminal Procedure /
Bharatiya Nagarik Suraksha Sanhita does not provide for a
second appeal in criminal matters.
5. In the absence of any statutory provision permitting a
second criminal appeal, this Court is of the considered
opinion that the present appeal is not maintainable.
6. Accordingly, the instant criminal appeal is dismissed.
(FARJAND ALI),J 88-Samvedana/-
(Uploaded on 17/01/2026 at 04:30:13 PM)
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