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[2026:RJ-JD:47356]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Application No. 617/2026 CNR: RJHC010910162026 | URN: CRLMA / 1041U / 2026 Natha Ram Choudhary S/o Late Shri Tilaramji, Aged About 68 Years, R/o Prathaviraj Nagar, Pali Road, Jodhpur.

----Petitioner Versus

1. State Of Rajasthan, Pp

2. Manju, R/o Plot N 19 Khasara No 54/6Saran Nagar C Road Banar Jodhpur ----Respondents For Petitioner(s) : Mr. Natha Ram Choudhary, petitioner present in person For Respondent(s) : Mr. Ramesh Devasi, DyGA HON'BLE MR. JUSTICE FARJAND ALI

Order

REPORTABLE 29/09/2026

1. The present application has been filed by the petitioner seeking recall of the order dated 04.08.2026, whereby S.B. Criminal Misc. Application No.436/2025 filed by the petitioner seeking recall/restoration of S.B. Criminal Misc. Petition No.1843/2024 came to be disposed of on account of non-

prosecution.

2. Before considering the submissions advanced in the present application, it would be appropriate to notice the complete chronology of the proceedings.

3. The petitioner had filed S.B. Criminal Misc. Petition No.1843/2024 before this Court. The said petition came up for consideration on 08.11.2024, when learned counsel appearing for the petitioner sought permission to withdraw the petition. Accordingly, the petition was dismissed as withdrawn. At the same time, liberty was granted to the petitioner to raise the issue before the learned trial Court at the stage of determination of charge. The stay application was also disposed of accordingly. Thus, the order dated 08.11.2024 did not foreclose the petitioner from raising the grievance before the learned trial Court. On the contrary, an express liberty was granted to him to raise the issue at the appropriate stage of the trial.

4. Thereafter, the petitioner filed S.B. Criminal Misc. Application No.13/2025, seeking recall/restoration in relation to the aforesaid proceedings. The said application came to be dismissed as not pressed on 07.08.2025.

5. Subsequently, the petitioner filed another application, being S.B. Criminal Misc. Application No.436/2025, seeking recall of the order dated 08.11.2024 and restoration of S.B. Criminal Misc. Petition No.1843/2024. In the said application, the petitioner questioned the authority of the counsel who had sought withdrawal of the original petition. It was his case that the counsel who had withdrawn the petition had not been engaged or instructed by him and that he had engaged another counsel to contest the matter.

6. The said application was taken up by this Court on 07.10.2025. On that date, the petitioner appeared in person. Having regard to the allegations made by the petitioner concerning the counsel, this Court considered it appropriate to hear the concerned counsel and directed that the name of learned counsel Shri B.R. Bishnoi be shown in the cause title. The matter was thereafter fixed for further consideration.

7. On 17.10.2025, the petitioner again appeared in person and sought time to file an affidavit in support of the allegations which he had made orally against his counsel. The request was noticed and time was granted. The matter was thereafter listed for 10.11.2025. On 10.11.2025, however, the petitioner was not present. The matter was thereafter listed after six weeks. The application again came up on 02.07.2026, but none appeared on behalf of the petitioner.

8. Ultimately, on 04.08.2026, this Court noticed that the application had remained pending for a considerable period and that, despite having been listed on 10.11.2025 and again on 02.07.2026, neither the petitioner nor learned counsel appeared to prosecute the matter. In these circumstances, S.B. Criminal Misc. Application No.436/2025 was disposed of. The Court also noticed that the original petition had been dismissed as withdrawn on 08.11.2024 with liberty to the petitioner to raise the issue before the learned trial Court at the stage of determination of charge.