Rajasthan High Court - Jodhpur
Amar Singh vs . State Of Rajasthan on 29 January, 2015
Author: Sandeep Mehta
Bench: Sandeep Mehta
[1]
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
ORDER
S.B.CRIMINAL MISC. PETITION NO.1189/2014 Amar Singh Vs. State of Rajasthan Date of order : 29.1.2015 HON'BLE MR. JUSTICE SANDEEP MEHTA Mr.RS Saluja, for the petitioner.
Mr.Pankaj Awasthi, P.P. <><><> By way of the instant misc. petition, the petitioner has prayed following reliefs:-
"It is, therefore, most respectfully prayed on behalf of petitioner that this Cr. Misc. Petition may kindly be allowed and the entire proceedings initiated against the petitioner in pursuance of the order dated 23.11.2011 passed in Cr. Misc. Bail Cancellation Application No.26/2010 by the learned Single Judge may kindly be quashed and set aside and consequently, the recommendations/adverse observations may kindly be expunged."
Succinctly stated the facts of the case are that the petitioner is a member of the Rajasthan Higher Judicial Service and was posted as the Presiding Officer of the Court of Additional District and Sessions Judge, Sangaria. He was seized of the trial of Sessions Case No.25/09 titled as State Vs. Satyanarayan & Ors. A bail application preferred by the accused Satyanarayan under Section 439 Cr.P.C. came to be accepted vide order dated 4.6.2010 passed by the petitioner being the Presiding Officer of the said court.
The complainant Atma Ram assailed the said order by [2] way of an application for Cancellation of Bail No.26/2010. Certain aspersions were cast on the petitioner in the application. This Court whilst considering the application for cancellation of bail, sought an explanation from the Presiding Officer. The explanation was accordingly forwarded to this Court and this Court after considering the entire facts and circumstances of the matter, cancelled the bail granted to the accused Satyanarayan by order dated 23.11.2011, which is self explanatory.
The petitioner has now approached this Court with the prayer that the entire proceedings initiated against him pursuant to the order dated 23.11.2011 passed in the Bail Cancellation Application No..26/2010 may be quashed and set aside and consequently, the recommendations/adverse observations made by this Court may kindly be expunged.
Upon a pertinent query being made, the learned counsel for the petitioner failed to inform this Court as to the nature of proceedings allegedly initiated against the petitioner in pursuance of this Court's order.
Upon a bare look at the order dated 23.11.2011 it is evident that this Court did not direct any proceeding to be initiated against the petitioner. All the Court directed was to place the copy of the order before the Hon'ble Chief Justice. No record of any proceeding supposedly initiated against the petitioner in pursuance of order dated 23.11.2011 passed by [3] this Court has been placed on record. Thus, it is evident that the prayer made in the misc. petition is misconceived.
That apart, as has been held by the Hon'ble Apex Court in the case of Adalat PrasadVs. Roop Lal Jindal reported in 2004 Cr.L.R. SC 800, the criminal court while exercising the powers under Section 482 Cr.P.C. has no jurisdiction to recall or review its own order.
As such, the misc. petition being misconceived and devoid of any merit, is hereby dismissed. Stay petition is also dismissed.
(SANDEEP MEHTA), J.