Rajasthan High Court - Jodhpur
Kantilal Upadhyay vs State Of Rajasthan (2026:Rj-Jd:19552) on 24 April, 2026
[2026:RJ-JD:19552]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous (Petition) No. 2019/2026
Kantilal Upadhyay S/o Shri Jagannath, Aged About 72 Years,
Brahmpuru Mohalla, Village Santpur, Tehsil Aburoad, District
Sirohi Raj.
----Petitioner
Versus
1. State Of Rajasthan, Through The Pp
2. Sanjay Upadhyay S/o Kantilal Upadhyay, Aged About 36
Years, Gyan Sarover Road, Gora Chapra, Mount Abu At
Presenting Resideng At Opposite Central School, Chhoti
Dudhai, Mount Abu, District Sirohi
----Respondents
For Petitioner(s) : Mr. Suresh Kumbhat
For Respondent(s) : Ms. Sonu Manawat, PP
Mr. Sunil Purohit & Mr. Jasraj
HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU
Order 24/04/2026 The instant Criminal Miscellaneous Petition has been preferred by the petitioner under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), challenging the order dated 07.03.2026 passed by the learned Additional Sessions Judge No. 1, Abu Road, District Sirohi, arising out of FIR No. 55/2023 registered at Police Station Mount Abu, District Sirohi, whereby directions have been issued against the petitioner in Criminal Revision No. 11/2025.
Learned counsel for the petitioner has challenged the order dated 07.03.2026 on the ground that since the revision petition is (Uploaded on 27/04/2026 at 12:30:56 PM) (Downloaded on 27/04/2026 at 05:11:30 PM) [2026:RJ-JD:19552] (2 of 3) [CRLMP-2019/2026] pending, the petitioner cannot be compelled to appear before the learned trial Court.
This Court has perused the order dated 07.03.2026 as well as the order dated 03.04.2025. The contention of the petitioner is that since the revision petition is pending and the arrest warrants have been stayed, he cannot be compelled to appear before the learned trial Court.
However, upon examining the record, it is evident that the petitioner has preferred a revision petition against the order of cognizance, wherein only the arrest warrants issued against him have been stayed. There is no stay either on the cognizance order or on the proceedings before the learned trial Court. In such circumstances, the learned trial Court is required to proceed in accordance with law, and the petitioner is obliged to appear before it.
The stay of arrest warrants does not grant the petitioner blanket protection from appearing before the learned trial Court.
As regards the order dated 07.03.2026, this Court finds that no adverse order has been passed against the petitioner so as to entitle him to file the present miscellaneous petition. The Court has merely observed that since arrest warrants had earlier been issued directly, the petitioner should now be summoned before the learned trial Court.
The arrest warrants were already stayed by order dated 03.04.2025, and the petitioner, having filed the revision petition, is fully aware of the proceedings before the learned trial Court. In (Uploaded on 27/04/2026 at 12:30:56 PM) (Downloaded on 27/04/2026 at 05:11:30 PM) [2026:RJ-JD:19552] (3 of 3) [CRLMP-2019/2026] such circumstances, he cannot avoid his appearance. Once the petitioner is aware of the proceedings and has been granted protection only from arrest, there is no justification for his non- appearance before the learned trial Court.
Merely the pendency of a revision petition cannot be a ground to stall the trial proceedings under the guise of the interim order dated 03.04.2025.
In view of the above, this Court is not inclined to interfere in the matter.
Accordingly, the Criminal Miscellaneous Petition is dismissed. The petitioner is directed to appear before the learned trial Court on the next date of hearing. His bail bonds/surety bonds shall be accepted by the learned trial Court for the purpose of securing his appearance. In case he fails to appear, the learned trial Court shall be at liberty to issue arrest warrants and summons in accordance with law.
(BALJINDER SINGH SANDHU),J 8-Hanuman/-
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