Rajasthan High Court – Jaipur
Dr. Saroj Vijayvargiya W/O Dr. Sushil … vs State Of Rajasthan (2025:Rj-Jp:1976) on 15 January, 2025
Author: Anoop Kumar Dhand
Bench: Anoop Kumar Dhand
[2025:RJ-JP:1976]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 812/2019
Dr. Saroj Vijayvargiya W/o Dr. Sushil Vijayvargiya, Aged About
62 Years, R/o City Road Madanganj, Kishangarh, Dist. Ajmer
----Petitioner
Versus
1. The State Of Rajasthan, Through PP
2. Ajay Singh Chauhan S/o Shri Sumre Singh Chauhan, R/o
Naya Shahar Kishangarh Dist. Ajmer Raj.
----Respondents
For Petitioner(s) : None
For Respondent(s) : Mr. Vivek Choudhary-PP
JUSTICE ANOOP KUMAR DHAND
Order
15/01/2025
1. Instant petition has been preferred for recalling the order
dated 13.12.2011 passed by this Court in S.B. Criminal Misc.
Petition No. 2035/2007 as well as the order dated 12.12.2008
passed by this Court in S.B. Criminal Revision Petition No.
67/2008 in light of the order passed by the Hon’ble Apex Court
in the case of Dr. V.K. Jain Vs. State of Raj. decided by the
Hon’ble Apex Court in S.B. Criminal Appeal No. 531/2010.
2. Perusal of the record indicates that cognizance was taken
against the petitioner under Section 304-A of IPC, against which
the petitioner preferred a revision petition, however, the same was
rejected by the Revisional Court against both the orders. The
petitioner approached this Court by way of filing S.B. Criminal
Revision Petition No. 67/2008, however, the same was rejected by
this Court vide order dated 12.12.2008. Subsequently, one more
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[2025:RJ-JP:1976] (2 of 2) [CRLW-812/2019]
petition i.e. S.B. Criminal Misc. Petition No. 2035/2007 was filed
however, the same was also rejected by this Court vide order
dated 13.12.2011.
3. Once the order of taking cognizance has been upheld not
only by the Revisional Court but also by this Court on two different
occasions, there is no reason available with this Court to recall the
aforesaid order under Section 362 Cr.P.C. as no such power lies
within the said provision. Under Section 362 Cr.P.C., only error
either clerical or mathematical, can be corrected, and the orders
passed on merits cannot be recalled. This Court finds no merit and
substance in this petition for recalling of the aforesaid order
passed by this Court.
4. Accordingly, this criminal petition is dismissed.
(ANOOP KUMAR DHAND),J
NEERU /63
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