SB Crlmp No.314/07. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CRIMINAL MISC.PETITION NO.314/2007. Baniya @ Banya & Ors. Vs. State of Rajasthan Date of order : 25/10/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ J. Shri Paveen Balwada for petitioners. Shri Peeyush KUmar, Public Prosecutor for State. ****** This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners long ago on 19/2/2007. Record of the proceedings initiated against the petitioners under Sections 82 and 83 Cr.P.C. was also summoned. Petitioners earlier applied for grant of bail under Section 438 Cr.P.C. but the same was rejected by this Court. This petition seeks to challenge criminal proceedings pending against the petitioners under Sections 82 & 83 in Criminal Misc. Case No.343/2006 in the Court of learned Additional Chief Judicial Magistrate, Hindauncity, District Karauli for offence under Sections 143, 452, 323, 307, 342 and 302 IPC. Learned counsel for petitioners in support of his arguments has cited the judgments of this Court in Mukarab Khan Vs. State of SB Crlmp No.314/07. 2 Rajasthan : 1996 RCC Feb. 61 and Gopal Vyas Vs. State of Rajasthan : 2002(1) R.C.C. 462. Those judgments were rendered in different facts situation and in the present case, proceedings under Sections 82 and 83 Cr.P.C. have been initiated after application under Section 438 Cr.P.C. was rejected. I, therefore, do not find any reason to interfere. If the petitioners have already been granted bail, this order would not adversely affect their interest. This criminal misc.petition is accordingly dismissed with the aforesaid observation. Record be sent back to the court below forthwith. (MOHAMMAD RAFIQ), J. anil