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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ASHOK KUMAR JAIN, J.
Gurdash Singh S/o Gurdev Singh – Petitioner
Versus
State of Rajasthan – Respondent
S.B. Criminal Misc. (Pet.) No. 6045 of 2021
Decided On : 15-02-2023
Criminal Appeal - Section 389 Cr.P.C. - The court dismissed the miscellaneous petition as infructuous after the regular appeal was decided and the petitioner-accused was taken into custody to serve the sentence.
Fact of the Case:
The petitioner filed a petition aggrieved from the order dated 03.03.2021 passed by the learned Additional Sessions Judge No. 1, Sri Ganganagar under Section 389 Cr.P.C. The regular appeal was decided, and the petitioner was taken into custody to serve the sentence.
Finding of the Court:
The court found the present Misc. Petition rendered infructuous and dismissed it. The stay application and Misc. Applications, if any, were disposed of.
Issues:
Ratio Decidendi:
Final Decision: The present Misc. Petition was dismissed as having rendered infructuous, and the stay application and Misc. Applications, if any, were disposed of.
ORDER :
1. As per status report downloaded from the E-Court Portal, it is reported that Criminal Appeal No. 08/2021 (CIS No. 28/2021) was decided on 14.07.2022 by learned Additional Sessions Judge No. 1, Sri Ganganagar. A copy of the order dated 14.07.2022 is downloaded from the Website and the same is placed on record.
2. The present petition is filed aggrieved from the order dated 03.03.2021 passed by the learned Additional Sessions Judge No. 1, Sri Ganganagar under Section 389 Cr.P.C. After the impugned order dated 03.03.2021, the regular appeal was decided in presence of present petitioner-accused and the present petitioner was taken into the custody to serve the sentence as ordered by the court below.
3. In view of the aforesaid discussion, the present Misc. Petition is rendered infructuous. Hence, the same is dismissed as having rendered infructuous. The stay application and Misc. Applications, if any, are disposed of.
AI
The court's decision was based on the provisions of Section 389 of the Criminal Procedure Code (Cr.P.C.) regarding the dismissal of the miscellaneous petition as infructuous after the regular appeal ....
Prolonged delay in criminal proceedings may lead to the dismissal of a miscellaneous petition as infructuous, but the petitioner may still seek remedies at subsequent stages of the trial.
The withdrawal of a criminal miscellaneous case is warranted when the underpinning appeal has been resolved.
A case is deemed infructuous and closed when factual circumstances render the original petition irrelevant.
The duty of the Court to deal with the appeal on merits and the right of the accused to defend himself.
A Criminal Miscellaneous Case becomes infructuous when the primary appeal has been resolved.
The court can exercise its inherent power to recall an order if it was obtained by abuse of the process of court and had become a nullity in the eye of the law.
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