[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R (1) S.B. CRIMINAL MISC. PETITION NO. 153/2005 BHUWAN SETH Vs. STATE OF RAJASTHAN & (2) S.B. CRIMINAL MISC. PETITION NO. 1589/2005 BHUWAN SETH Vs. STATE OF RAJASTHAN Date: 29.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. P.C. Bhandari for the complainant-petitioner. Mr. Arun Sharma, Public Prosecutor for the State. **** By way of Misc. Petition No. 1589/2005, the complainant-petitioner has challenged the order impugned dated 12.04.2005 passed by the Chief Judicial Magistrate, Jaipur City, Jaipur in F.R. No. 174/2002 in relation to FIR No. 383/2002 registered at Police Station Manak Chowk, Jaipur, whereby the application moved by the petitioner for further investigation has been rejected. The case of the petitioner is that earlier the petitioner moved an application for summoning certain documents and the said application was rejected by the Chief Judicial Magistrate, Jaipur City, Jaipur vide order dated 11.08.2004 observing that the documents which sought to have been summoned, are related to some other case and, therefore, rejected the application filed by the complainant-petitioner. [2] Against the said order passed by the Chief Judicial Magistrate, Jaipur City, Jaipur dated 11.08.2004, the petitioner also preferred a misc. petition before this Court which has been registered as S.B. Criminal Misc. Petition No. 153/2005 and the same is pending and is listed today along with this misc. petition. Upon careful perusal of both the present misc. petitions, as both these misc. petitions are filed by the same complainant and are related to same F.R. No. 174/2002 and FIR No. 383/2002, therefore, they are being decided by this common order. Having gone through the order impugned passed in S.B. Criminal Misc. Petition No. 1589/2005 dated 12.04.2005, as the application filed by the complainant-petitioner for seeking re- investigation has been rejected by the Court below without applying mind and considering the reasons stated in the aforesaid application for re- investigation, in the interest of justice, this Court deem it proper to quash and set aside the order impugned dated 12.04.2005 passed by the Chief Judicial Magistrate, Jaipur City, Jaipur and remand the matter back to the trial Court for deciding the application afresh moved by the complainant- petitioner for seeking re-investigation and if the [3] trial Court thinks it proper that re-investigation is necessary for just decision of the case, then the trial Court may pass order for re- investigation. Since alternative prayer which has been made by the petitioner by moving this application has been accepted by this Court, the order which has been impugned in S.B. Criminal Misc. Petition No. 153/2005 dated 11.08.2004 passed by the Chief Judicial Magistrate, Jaipur City, Jaipur whereby the application moved by the petitioner for summoning certain documents with relation to some other case has been rejected, has become infructuous and, therefore, S.B. Criminal Misc. Petition No. 153/2005 stands dismissed as having become infructuous. S.B. Criminal Misc. Petition No. 1589/2005 stands allowed as observed herein above. (K.S. RATHORE)J. /KKC/