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[2026:RJ-JP:38207]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.6557/2024 CNR: RJHC020837232024 | URN: CRLMP / 13302U / 2024

1. Liyakat Ali S/o Noor Mohammed, Aged About 67 Years, R/o Ward No. 34 Mohalla Khora Jhunjhunu

2. Mohd. Vashim S/o Liyakat Ali, Aged About 34 Years, R/o Ward No. 34 Mohalla Khora Jhunjhunu

3. Sahil Khan S/o Liyakat Ali, Aged About 23 Years, R/o No.

34 Mohalla Khora Jhunjhunu (Raj.)

4. Ashif S/o Munshi Khan, Aged About 28 Years, R/o Kalusar Tehsil Sardarsahar District Churu

5. Sanjay Singh S/o Jai Singh, R/o Khitado Ka Bas Tehsil Malsisar District Jhunjhunu At Present Ward No. 1 Jhunjhunu ----Petitioners Versus

1. State Of Rajasthan, Through P.P.

2. Dharmendra Singh S/o Shri Chand Bana, Aged About 50 Years, R/o Bas Chudela Tehsil Bissau District Jhunjhunu (Raj.)

----Respondents Connected With S.B. Criminal Miscellaneous (Petition) No.6799/2024 CNR: RJHC020863452024 | URN: CRLMP / 13768U / 2024 Dharmendra Singh Son Of Srichand Bana, Aged About 50 Years, Resident Of Bas Chudela Tehsil Bisau District Jhunjhunu.

----Petitioner Versus

1. State Of Rajasthan, Through The P.P.

2. Liyakat Ali Son Of Noor Mohammed, Resident Of Ward No.

34 Mohalla Khora Jhunjhunu.

3. Mohd. Vasim S/o Liyakat Ali, Aged About 34 Years, Resident Of Ward No. 34 Mohalla Khora Jhunjhunu.

4. Sahil Khan Son Of Liyakat Ali, Aged About 23 Years, Resident Of Ward No. 34, Mohalla Khora Jhunjhunu.

5. Asif Son Of Munshi Khan, Aged About 28 Years, Resident Of Kalusar Tehsil Sardarshahar District Churu.

6. Sanjay Singh Son Of Jai Singh, Aged About 26 Years, Resident Of Khichadon Ka Baas Tehsil Malsisar District Jhunjhunu, Present Ward No. 1, Jhunjhunu.

----Respondents For Petitioner(s) : Mr. Brij Bhushan Ojha For Respondent(s) : Mr. Manvendra Singh Choudhary, PP Mr. Jaswant Singh &

Mr. Namo Narayan Meena for Mr. Harendra Singh Sinsinwar JUSTICE ANOOP KUMAR DHAND

Order

22/09/2026 Reportable

1. The instant criminal misc. petitions are listed before this Court in pursuance of the directions issued by the Hon’ble Apex Court in the case of Vijay Kumar and Ors. Vs. State of Rajasthan (Petition for Special Leave to Appeal (Crl.) No. 773/2026, decided on 15.01.2026), wherein the Hon’ble Apex Court observed that in various matters, interim orders have been passed in criminal revision petitions and petitions filed under Section 482 Cr.P.C., as a result of which trial relating to serious offences such as murder, rape, dacoity, dowry death, etc., could not proceed and remained stalled/held up due to the passage of considerable time.

2. Directions have been issued to this Court and other High Courts to take up such like matters which are pending since long, on priority and decide the same expeditiously without deferring the hearings to subsequent dates.

3. Both these criminal misc. petitions have been preferred against the impugned order dated 11.09.2024, passed by the Ld. Additional Sessions Judge No. 2, Jhunjhunu, by which cross revision petitions submitted by the accused-petitioners and respondent-complainant respectively have been rejected and the order dated 07.02.2024 passed by the Ld. Chief Judicial Magistrate, Jhunjhunu (for short ‘CJM’) has been upheld.

4. By passing the order dated 07.02.2024, the Ld. CJM has taken cognizance against the accused-petitioners, namely Liyakat Ali, Mohd. Vashim, Sahil Khan, Ashif and Sanjay Singh, for the offences punishable under Sections 147, 148, 149, 458, 304 Part-

II IPC.

5. Learned counsel appearing on behalf of the accused- petitioners, Mr. Brij Bhushan Ojha, Adv., submits that as per the case of the prosecution, the date of alleged incident is 20.09.2022, whereas the deceased-Vijay Singh passed away on 28.09.2022. Learned counsel submits that as per the post-mortem report, in the opinion of the Doctor, the cause of death of the deceased-Vijay Singh was cardiac arrest and the time period for the aforesaid cardiac arrest was four to five days prior to his death.