[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 1922/2007 MURARILAL Vs. STATE OF RAJASTHAN Date: 15.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Pratap Singh Sirohi for the petitioner. Mr. Jagdish Lamba, Public Prosecutor for the State. **** The present criminal misc. petition under Section 482 Cr.P.C. is directed against the order dated 29.09.2007 passed by the Civil Judge (Sr. Division) & Additional Chief Judicial Magistrate, Gangapur City, whereby the Court below has dismissed the application filed by the petitioner for identification parade, cancellation of arrest warrant and for quashing the proceedings under Section 82,83 Cr.P.C. in Criminal Case No. 138/2006. Learned counsel for the petitioner submits that since fresh petition has been filed after the statements recorded by the trial Court and the petitioner is involved in the offence committed, for which trial is pending before the Court concerned, therefore, question of identification does not arise. [2] Having heard the submission made on behalf of the petitioner, learned Public Prosecutor and upon careful perusal of the order impugned, this Court do not want to interfere in the order impugned. However, the petitioner can present before the Court and move application and it is expected from the Court concerned to consider the same on its merit, but in any case, this Curt finds no merit in the instant misc. petition. Consequently, the misc. petition fails being devoid of merit and the same is hereby dismissed. (K.S. RATHORE)J. /KKC/