Allowed

Akil S/O Shri Rajjo Khan B/C Musalman v. State of Rajasthan

Rajasthan HC13 Oct 2025CRLMA/155/2019

Case brief

AI extract

What is this about?

Hon'ble Justice Anand Sharma allowed a Criminal Miscellaneous Application to recall a peremptory order dated 19.11.2018 and a consequential dismissal order dated 19.01.2019, restoring the writ petition subject to removal of defects within 15 days.

What did the court decide?

Orders dated 19.11.2018 and 19.01.2019 recalled; writ petition restored to original number with 15 days to remove defects.

Akil S/O Shri Rajjo Khan B/C Musalman Vs… — Civil Procedure and Limitation | Rajasthan HC (2025)

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[2025:RJ-JP:41664]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Application No.155/2019

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S.B. Criminal Writ Petition No.965/2018

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Akil S/o Shri Rajjo Khan, R/o Abbas Nagar, Nagla Devjeet, Near Khan Medical Store, Nagla Gol, Agra, U.P.

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Pappu S/o Shri Babu Khan, R/o Abbas Nagar, Kachchpura, Sartaj A Alam Public School, Abbas Nagar, Chaugan, Agra, U.P.

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Smt. Rajiya W/o Pappu, R/o Abbas Nagar, Kachchpura, Sartaj A Alam Public School, Abbas Nagar, Chaugan, Agra, U.P.

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Tannu D/o Shri Pappu, R/o Abbas Nagar, Kachchpura, Sartaj A Alam Public School, Abbas Nagar, Chaugan, Agra U.P.

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Habib Khan S/o Shri Ramjani, R/o Railway Quarter, Tundla, Masjidkanagla, Indla, District Firojabad, U.P. ----Petitioners

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Versus

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State of Rajasthan through P.P.

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Smt. Sonia W/o Shri Akil, D/o Shri Salim, R/o Near Madina Masjid, Chuligate, Gangapurcity, District Sawai Madhopur, Rajasthan.

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----Respondents

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For Petitioner(s)	: Mr. Udit Sapra on behalf of
	Mr. Anil Jain
For Respondent(s)	: Mr. Vivek Sharma, PP

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HON'BLE MR. JUSTICE ANAND SHARMA

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Order

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13/10/2025

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This Criminal Miscellaneous Application has been filed by the petitioners-applicants for seeking recall of peremptory

[2025:RJ-JP:41664]

[CRLMA-155/2019]

(2 of 2)

order dated 19.11.2018 passed by the Co-ordinate Bench of this Court, whereby the petitioners were directed to remove the defect(s) within a period of four weeks', failing which the S.B. Criminal Writ Petition No.965/2018 was directed to be dismissed without reference to the Court and since the order was not complied with, consequential order of dismissal was recorded by the Registrar (Judicial) on 19.01.2019.

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Learned counsel for the petitioners submits that only on account of bona fide inadvertence and oversight, the peremptory order dated 19.11.2018 could not be complied with, whereas the petitioners are keen to pursue the petition on merits and the reason for non-compliance is neither deliberate, nor wilful.

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Learned Public Prosecutor opposed the present application.

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For the reasons mentioned in the application and in the interest of justice, the same is allowed.

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Orders dated 19.11.2018 as well as 19.01.2019 are hereby recalled and the S.B. Criminal Writ Petition No.965/2018 is restored to its original number subject to removal of the defects by the petitioners in the S.B. Criminal Writ Petition No.965/2018 within a period of 15 days' from today.

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Office is directed to proceed further.

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(ANAND SHARMA),J

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DAKSH/18

Akil S/O Shri Rajjo Khan B/C Musalman v. State of Rajasthan

Case brief

What is this about?

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Akil S/O Shri Rajjo Khan B/C Musalman v. State of Rajasthan

Case brief

What is this about?

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