Dismissed

Rajendra Singh Rathore S/O Shri Nand Kishore Singh Rathore v. State of Rajasthan

Rajasthan HC4 Aug 2025CRLMA/328/2025

Case brief

AI extract

What is this about?

The applicant sought recall of an order dismissing a bail cancellation application under Section 362 Cr.P.C. The court dismissed the misc. application as the prior order was final and the principle that what cannot be done directly cannot be done indirectly applied.

What did the court decide?

No relief granted. The miscellaneous application seeking recall of the order dated 28.03.2025 was dismissed.

Rajendra Singh Rathore S/O Shri Nand Kishore Singh Rathore… — Bail and Remand | Rajasthan HC (2025)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Application No. 328/2025

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Rajendra Singh Rathore S/o Shri Nand Kishore Singh Rathore, R/o 451, Tara Nagar-A, Jhotwara, Jaipur.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp 2. Durgi W/o Shri Omprakash Sanwariya, R/o 210, Gali No. 3, Tata Nagar, Shastri Nagar, Jaipur.

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----Respondents

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For Petitioner(s)	: Mr.	Rajendra Singh Rathore
For Respondent(s)	: Mr.	N.S. Dhakar
	Mr.	Tapesh Agarwal

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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04/08/2025

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This misc. application has been filed on behalf of the complainant-applicant seeking recall of the order dated 28.03.2025 passed in S.B. Criminal Misc. Bail Cancellation Application (No.133/2024).

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By order dated 10.07.2024 passed in S.B. Criminal Misc. Bail Application No.7318/2024, the accused – respondent No.2 Durgi was granted benefit of pre-arrest bail. Being aggrieved with this order, the complainant-applicant filed bail cancellation application. Vide order dated 28.03.2025, the aforesaid bail cancellation application was dismissed by this Court by a detailed order clearly observing that Section 362 Cr.P.C. would bar this Court in reviewing its final judgment and order. While dismissing the bail cancellation application, law laid down by Hon’ble Supreme Court

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[CRLMA-328/2025]

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(2 of 2)

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in the case of Abdul Basit versus Abdul Kadir reported in (2014) 10 SCC 754 was also considered wherein it was held that since there exists no express provision for review of final order by a criminal court under the Code, a criminal court becomes functus officio.

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Now, the complainant-applicant has filed this application with almost same prayer that is to say for recalling of the order dated 28.03.2025. It manifests that by way of this misc. application, the complainant-applicant again seeks cancellation of bail granted to the accused respondent, which has already been rejected by a detailed order. It is a well settled proposition of law what cannot be done directly, cannot be done indirectly. Accordingly, no ground is made out for recalling the order dated 28.03.2025. Hence, same is dismissed.

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(ANIL KUMAR UPMAN),J

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GAUTAM JAIN /733

Rajendra Singh Rathore S/O Shri Nand Kishore Singh Rathore v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rajendra Singh Rathore S/O Shri Nand Kishore Singh Rathore v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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