[1] SB CRIM MISC PET. NO. 2462/2009 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 2462/2009 SHYAM @ GAJENDRA SINGH Vs. STATE OF RAJASTHAN Date: 09.11.2009 HON'BLE MR. JUSTICE K.S. RATHORE Mr. Anil Jain, Advocate for the petitioner. Mr. Amit Punia, Public Prosecutor for the State. **** The present criminal misc. petition under Section 482 Cr.P.C. is directed against the order dated 18.02.2008 (Annexure-2) and the order dated 30.10.2009 (Annexure-4) passed by the Special Judge, (Dacoity Affected Area), Dholpur in Sessions Case No. 98/2006, by which the application filed by the petitioner under Section 311 read with Section 231 (2) Cr.P.C. has been rejected. Vide order dated 18.02.2008, the application earlier filed by the petitioner under Section 311 read with Section 231 Cr.P.C. was rejected. Again the petitioner moved application under Section 311 read with Section 231(2) Cr.P.C. afresh and while considering and rejecting the application filed by the petitioner vide order dated 30.10.2009, the Court below was of the view that the application earlier filed by the petitioner under Section 311 Cr.P.C. has already been dismissed by the Court vide order dated 18.02.2008, therefore, allowing the fresh application filed on the same [2] SB CRIM MISC PET. NO. 2462/2009 grounds, will tantamount to review of the earlier order dated 18.02.2008 and, therefore, considering each and every aspect of the matter and looking to the fact that the application earlier filed by the petitioner under Section 311 Cr.P.C. has already been rejected by the Court and in view of the fact that the High Court has also directed the trial Court to expedite the trial of the case, rejected the application of the petitioner moved under Section 311 read with Section 231(2) Cr.P.C. vide order impugned dated 30.10.2009. The petitioner wants to delay the trial and, therefore, the present misc. petition has been preferred by him challenging the orders dated 18.02.2008 and 30.10.2009. Upon careful perusal of the orders impugned passed by the Court below, this Court find no illegality of error apparent on the face of the record which require any interference by this Court. Consequently, the criminal misc. petition fails being devoid of merit and the same is hereby dismissed. The stay application also stands rejected. (K.S. RATHORE),J. /KKC/