A single judge dismissed an application seeking to recall an order in a criminal writ petition, holding that the application was an impermissible vehicle for addressing the merits of the case and that the proper remedy lay elsewhere.
The application is dismissed with liberty to the counsel to seek appropriate remedy before the proper forum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Application No. 54/2016
In
S.B. Criminal Writ Petition No. 39/2013
Bhuri Singh
----Petitioner
Versus
State Of Rajasthan And Ors
----Respondent
For Petitioner(s) : Mr. Noor Ahmad for Mr. Shivraj Singh For Respondent(s) : Mr. V.S. Godara, PP
HON'BLE MR. JUSTICE DEEPAK MAHESHWARI
Judgment / Order
03/04/2018
Heard learned counsel appearing for the Forest Department. The S.B. Criminal Misc. Application No. 54/2016 has been moved in S.B. Criminal Writ Petition No. 39/2013 for recalling the order dated 03.02.2014.
The arguments advanced by learned counsel pertain to the merits of the case for which the proper remedy is not the application for recalling the order passed on 03.02.2014.
Hence, the application is dismissed with the liberty to the counsel to seek appropriate remedy before the proper forum.
(DEEPAK MAHESHWARI),J
Arun/23
1 issue framed by the court
Whether the S.B. Criminal Misc. Application is maintainable for recalling the impugned order given that the proper remedy lies on merits.
Bhuri Singh
State Of Rajasthan
DEEPAK MAHESHWARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
