HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR S.B. Criminal Misc. Appli No. 17/2026 Firoz Shah ----Petitioner Versus State Of Rajasthan ----Respondent For Petitioner(s) : -

For Respondent(s) : Mr. SR Choudhary, PP HON'BLE MR. JUSTICE FARJAND ALI

Order

15/01/2026

1. An order came to be passed by this Court on 29.08.2025 while adjudicating a criminal application, wherein an issue relating to the seizure of a vehicle arose for consideration. Although the learned trial Court had already concluded the trial and rendered its judgment, no specific or reasoned direction regarding the disposal of the seized property was incorporated therein. At the relevant point of time, an appeal assailing the conviction was pending consideration before this Court. During the pendency thereof, an application was preferred seeking release of the seized vehicle. While addressing the said application, reference was made to the scheme of the CrPC, which postulates that upon conclusion of a criminal trial, the Court is enjoined to pass appropriate orders regarding the disposal of property or articles produced or seized during the course of proceedings, simultaneously with the

2. This Court, upon reflection, observed that in a significant number of cases such statutory mandate does not receive due adherence at the level of the trial courts, resulting in prolonged retention of property, avoidable hardship to stakeholders, and ancillary litigation outcomes which the criminal justice system does not countenance.

3. In that backdrop, and with a view to fostering procedural consistency and judicial discipline, a direction was issued to forward a copy of the order to the Registrar General, with an expectation that the same be disseminated to subordinate criminal courts, so as to sensitise them to the necessity of passing explicit and reasoned orders regarding disposal of seized property in every criminal case as per the scheme of CrPC.

4. The present miscellaneous application has been placed before this Court purportedly on the basis of a resolution adopted by the Hon’ble Administrative Committee, resolving that an appropriate application be moved before the concerned learned Single Judge seeking recalling of paragraphs 11 and 12 of the judgment dated 29.08.2025.

5. A careful perusal of the record reveals that no substantive application seeking recall of the aforesaid paragraphs, in terms of the said resolution, has in fact been filed. The record merely contains a xerox copy of the resolution of the Hon’ble Administrative Committee, without any formal application invoking the jurisdiction of this Court for recall or modification of the

6. In the absence of any such application, it is indeed a matter of serious concern as to how the Registry proceeded to register and list the present miscellaneous application solely on the strength of a resolution, without there being any pleading or prayer in accordance with law.

7. Accordingly, the Registrar (Judicial) is directed to examine the matter and place on record a clarification explaining the circumstances under which the present application came to be registered and listed before this Court, despite the absence of a duly instituted recall application.

8. In the aforesaid circumstances, the matter is directed to be listed sine die. It shall be taken up for consideration only upon an appropriate application being filed in accordance with the resolution and instructions of the Hon’ble Administrative Committee.

(FARJAND ALI),J

55-chhavi/-