1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.3036/07 Tanveer Hayat @ Nosha Vs. State of Raj. Date of order : 12/2/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Dharmendra Kumar Srivastava for the petitioner. ****** This writ petition is not maintainable because already on the same subject matter, appeal was filed by the petitioner under Section 454 of Cr.P.C. which has been dismissed by the co-ordinate bench in S.B. Criminal Appeal No.65/04 vide judgment dated July 11, 2005. Learned counsel for the petitioner however argued that the appeal was dismissed in the absence of the petitioner's counsel and that too on the ground that the appellant did not make claim for refund of the aforesaid amount before trial court. In view of these observations, the petitioner again moved 2 an application before the trail court which was rejected and therefore, writ petition is maintainable thereagainst. In my considered view, when the appeal has been dismissed once, such a liberty cannot be read in the order passed by this Court dated 11.7.2005 as the order was of rejection of appeal and this was one of the reasons amongst many others for rejecting the appeal. In any case, the order passed by this Court while dismissing the criminal appeal of the petitioner filed under Section 454 of Cr.P.C. is not open to be reviewed due to the bar contained in Section 362 of Cr.P.C. The writ petition is therefore not maintainable and the same is hereby dismissed as being not maintainable. (MOHAMMAD RAFIQ), J. RS/