Dismissed¶24

Banwari v. State of Rajasthan and Ors.

Rajasthan HC19 Mar 2026CRLMP/5299/2014

Case brief

AI extract

What is this about?

Banwari v. State of Rajasthan and others; S.B. Criminal Miscellaneous Petition 5299/2014; Rajasthan High Court Jaipur Bench; Anoop Kumar Dhand J; order dated 19/03/2026; Section 319 Cr.P.C.; taking cognizance against accused rejected; Additional Chief Judicial Magistrate Hindaun City; Criminal Case No.328/2009; order dated 30.08.2013; revision rejected 26.11.2014 by Additional Sessions Judge No.1 Hindaun City; Registrar (Judicial) status report; trial concluded vide judgment dated 15.06.2025; petition infructuous; dismissed; stay application dismissed.

What did the court decide?

Since the underlying trial had already been concluded (judgment dated 15.06.2025), under the changed circumstances no cause of action survived for the petitioner and the instant criminal misc. petition became infructuous. ¶23

Banwari Vs State of Rajasthan and Ors. — Rajasthan HC (2026) — LawSathi Research

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Miscellaneous (Petition) No. 5299/2014

¶3

Banwari son of Shri Suman R/o Chetram Colony, Hindaun City District Karauli (Raj.).

¶4

----Petitioner

¶5

Versus

¶6

State of Rajasthan through P.P.

¶7

Gopal son of Balaram

¶8

Norottam son of Balaram

¶9

Both R/o Chetram Colony, Hindaun City PS Hindaun City District Karauli (Raj.).

¶10

Rameshwar son of Balya R/o Chetram Colony, Hindaun city PS Hindaun City District Karauli (Raj.)

¶11

----Respondents

¶12

For Petitioner(s)	: Mr. Anutosh Mishra
For Respondent(s)	: Mr. Narendra Singh Dhakar, PP
	Mr. BalrajSingh Jadaun

¶13

JUSTICE ANOOP KUMAR DHAND

¶14

Order

¶15

19/03/2026

¶16

By way of filing the instant criminal misc. petition, a challenge has been led to the impugned order dated 30.08.2013 passed by the Court of Additional Chief Judicial Magistrate, Hindaun City in Criminal Case No.328/2009, by which the application submitted by the complainant petitioner under Section 319 Cr.P.C. for taking cognizance against the accused respondent has been rejected.

¶17

Aggrieved by the aforesaid order, the petitioner approached the Revisional Court i.e. Court of Additional Sessions Judge No.1,

¶18

[CRLMP-5299/2014]

¶19

(2 of 2)

¶20

Hindaun City by way of filing criminal revision petition, however, the same was also rejected vide order dated 26.11.2014.

¶21

Aggrieved by the aforesaid orders, the petitioner has approached this Court by way of filing the instant petition.

¶22

The instant petition is lying pending before this Court since 2014. On last occasion, this Court had directed the Registrar (Judicial) to get the current status report of the trial pending before the Trial Court.

¶23

Pursuant to the aforesaid direction, the Additional Chief Judicial Magistrate, Hindaun City has sent a report indicating that the trial of the aforesaid criminal case has already been concluded vide judgment dated 15.06.2025. 6. Looking to the fact that the trial has already been concluded, hence, under the changed circumstances, no cause of action survives with the petitioner to continue with the instant petition and the same has become infructuous.

¶24

Accordingly, the instant criminal misc. petition is dismissed as having become infructuous. The stay application and all pending applications, if any, also stand dismissed.

¶25

(ANOOP KUMAR DHAND),J

¶26

KuD/16

Banwari v. State of Rajasthan and Ors.

Case brief

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Banwari v. State of Rajasthan and Ors.

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