[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 188/2008 HEMANT VYAS & ANR. Vs. THE STATE OF RAJASTHAN Date: 04.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Yogesh Singhal for the petitioner. Mr. Arun Sharma, Public Prosecutor for the State. **** The instant criminal misc. petition under Section 482 Cr.P.C. is directed against the order dated 05.01.2008 passed by the Civil Judge (Jr. Division) & Judicial Magistrate, Sanganer, District Jaipur, by which the trial Court preponed the hearing of the case. The main challenge to the impugned order by the learned counsel for the petitioners is on the ground that the date already fixed by the Court below, cannot be preponed on the request of the complainant on the ground that he being a old man of 90 years and the trial is pending since long. Learned counsel for the petitioners has placed reliance on the judgment rendered by the Hon'ble Supreme Court in the case of Adalat Prasad Vs. Rooplal Jindal And Others, (2004)7 SCC 338, wherein the Hon'ble [2] Supreme Court has held that in absence of such power being conferred by the Code, Court has no power to recall the process issued. It is also contended by the counsel for the petitioners that the trial Court has no power to review its own order. Having gone through the judgment referred by the counsel for the petitioners and the order impugned, in the considered view of this Court, the order impugned dated 05.01.2008 cannot said to be illegal on the face of the record and also is not contrary to the ratio decided by the Hon'ble Supreme Court in the case of Adalast Prasad (supra), as this order is not review of the earlier order and the impugned order is only with regard to expedite the hearing of the case, which cannot said to be review. The ratio decided by the Hon'ble Supreme Court in the case of Adalat Prasad (supra) is not applicable to the facts and circumstances of the present case. Therefore, this Court is not impressed with the submissions made by the learned counsel for the petitioners and the order impugned dated 05.01.2008 passed by the trial Court requires no interference by this Court. [3] Consequently, the criminal misc. petition fails and the same stands dismissed. (K.S. RATHORE)J. /KKC/ [4] S.B. CRIMINAL MISC. STAY APPLICATION NO. 113/2008 IN S.B. CRIMINAL MISC. PETITION NO. 188/2008 HEMANT VYAS & ANR. Vs. THE STATE OF RAJASTHAN Date: 04.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Yogesh Singhal for the petitioner. Mr. Arun Sharma, Public Prosecutor for the State. **** As the criminal misc. petition has been dismissed today, the stay application also stands dismissed. (K.S. RATHORE)J. /KKC/