Disposed

Hansa D/O Mawasi v. State of Rajasthan

Rajasthan HC10 Nov 2025CRLW/362/2025

Case brief

AI extract

What is this about?

Petitioner convicted under the Rajasthan Bovine Animal Act, appeal dismissed ex parte; writ petition challenged maintainability objection. Court held revision under BNSS was the efficacious remedy and disposed of the writ petition granting liberty to file a revision petition.

What did the court decide?

Liberty granted to file a revision petition; stay and pending applications disposed of.

Hansa D/O Mawasi Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2025)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Writ Petition No.362/2025

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Hansa D/o Mawasi, Aged About 70 Years, R/o Village Bhandara, P.s. Jurhara, District Bharatpur (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan through the Public Prosecutor

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		----Respondent
For Petitioner(s)	: Mr. Raj Kumar Goyal Mr. Jaswant Sharma
	Ms. Morvi Jangid
For Respondent(s)	: Mr. Amit Punia,PP

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JUSTICE ANOOP KUMAR DHAND

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Order

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10/11/2025

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The matter comes up on an interim application No.01/2025 seeking waiver of the defect No.1 as pointed out by the Office. 2. Learned counsel for the petitioner submits that the Ld. Magistrate convicted and sentenced the petitioner under the provisions of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 against which an appeal was preferred and the same was dismissed in absence of the petitioner. Learned counsel submits that the petitioner was not aware about the aforesaid judgment, which was passed in her absence. Learned counsel submits that the petitioner came to know about the aforesaid judgment when she received arrest warrants in the year 2023, and immediately thereafter she submitted an application seeking certified copy of the judgment, but the same was not given by the court concerned on the count that the record of the appeal has been weeded out,

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[CRLW-362/2025]

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(2 of 2)

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hence, under these circumstances, she has approached this Court by way of filing the instant criminal writ petition.

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Learned counsel for the petitioner further submits that the Office has wrongly raised an objection about maintainability of the instant criminal writ petition. Learned counsel submits that considering the above facts and circumstances of the case, defect pointed out by the Office be waived and the criminal writ petition be heard on its merits.

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In the considered opinion of this Court, the Office has rightly pointed out the defect about maintainability of this criminal writ petition. The petitioner has an alternative efficacious remedy of filing Revision Petition under Section 438 read with Section 442 BNSS against the judgment passed by the trial court and the appellate Court.

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In case, the copy of the judgment has not been supplied by the Appellate Authority on the ground that the record has been weeded out, the petitioner can bring these facts before the Revisional Court while submitting the revision petition against the impugned judgment.

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With the aforesaid observations, the instant criminal writ petition stands disposed of granting liberty to the petitioner to avail remedy of filing revision petition. Stay application as well as all applications (pending, if any) stand disposed of. 7. Office is directed to retain the certified copy and vakalatnama to the counsel for the petitioner after retaining the photostat copy of the same on the record.

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(ANOOP KUMAR DHAND),J

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Karan/229

Hansa D/O Mawasi v. State of Rajasthan

Case brief

What is this about?

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Hansa D/O Mawasi v. State of Rajasthan

Case brief

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