Allowed

Rajesh Gaur v. State and Anr.

Rajasthan HC10 Aug 2018CRLMP/1305/2018

Case brief

AI extract

What is this about?

The court allowed criminal misc. petitions under Section 482 Cr.P.C. setting aside impugned orders that rejected summoning the complainant. The petitioner was directed to pay Rs.5000 in each of two cases and appear on 18.08.2018 for a final opportunity. Failure to comply would result in no further orders. Stay petitions were disposed of.

What did the court decide?

Impugned orders set aside; petitioner directed to pay Rs.5000 in each case and summon respondent No.2 on 18.08.2018 for final cross-examination; stay petitions disposed of.

Rajesh Gaur Vs State and Anr. — Criminal Trial and Appeal | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Misc(Pet.) No. 1306/2018

¶3

Rajesh Gaur Son Of Shri Gulab Ji, By Caste Brahmin, Resident Of 157, Vishwakarma Nagar, Nearby Roop Rajat Township, Pal Road, Jodhpur, District Jodhpur Metro.

----Petitioner

Versus

The State Of Rajasthan

¶8

Moti Lal Soni Son Of Shri Vishan Lal Soni, By Caste Soni, Resident Of 46-C, Shramikpura, Masuriya, Jodhpur, District Jodhpur Metro

¶9

----Respondents

¶10

Connected With

¶11

S.B. Criminal Misc(Pet.) No. 1305/2018

¶12

Rajesh Gaur Son Of Shri Gulab Ji, By Caste Brahmin, Resident Of 157, Vishwakarma Nagar, Nearby Roop Rajat Township, Pal Road, Jodhpur, District Jodhpur Metro.

¶13

----Petitioner

¶14

Versus

¶15

The State Of Rajasthan

¶16

Moti Lal Soni Son Of Shri Vishan Lal Soni, By Caste Soni, Resident Of 46-C, Shramikpura, Masuriya, Jodhpur, District Jodhpur Metro

¶17

----Respondents

¶18

For Petitioner : Mr. P.S. Chundawat For Respondent No.1 : Mr. V.S. Rajpurohit, Public Prosecutor For Respondent No.2 : Mr. Pankaj Vaishnav

¶19

HON'BLE MR. JUSTICE VIJAY BISHNOI Judgment / Order

¶20

10/08/2018

¶21

These criminal misc. petitions under Section 482 Cr.P.C. have been filed on behalf of the petitioner-Rajesh Gaur being aggrieved with two separate orders dated 09.01.2018 passed by the Judicial

¶22

(2 of 3) [CRLMP-1306/2018]

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Magistrate No.10, Jodhpur Metropolitan (hereinafter to be referred as 'the trial court’) Criminal Original Case Nos.971/2013 and 2030/2013, whereby two separate applications under Section 311 Cr.P.C. filed by the petitioner in each criminal original case with the prayer for summoning the complainant-respondent No.2 Moti Lal Soni have been rejected.

¶24

The trial court has taken into consideration the fact that on earlier occasions several opportunities were granted to the petitioner to cross-examine the complainant-respondent No.2 but the petitioner has not availed the said opportunities and, therefore, the opportunities of the petitioner to cross-examine the complainant-respondent No.2, in both the above referred criminal original cases, have been closed on 20.09.2017 and now there is no reason to summon the complainant-respondent No.2 for examination at the request of the petitioner.

¶25

Learned counsel for the petitioner has submitted that only one last opportunity in each Criminal Original Case Nos.971/2013 and 2030/2013 be granted to the petitioner to cross-examine the complainant-respondent No.2 in the interest of justice. It is submitted by the learned counsel for the petitioner that the petitioner is ready to pay cost of Rs.5000/- for Criminal Original Case No.971/2013 and Rs.5000/- for Criminal Original Case No.2030/2013 to the complainant-respondent No.2.

¶26

Learned counsel for the complainant-respondent No.2 has opposed the prayer for the petitioner.

¶27

Having heard learned counsel for the petitioner and after going through both the impugned orders dated 09.01.2018 passed by the trial court in Criminal Original Case Nos.971/2013 and

¶28

(3 of 3)

¶29

[CRLMP-1306/2018]

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2030/2013 and taking into consideration the submissions made by learned counsel for the petitioner that the petitioner is ready to pay cost of Rs.5000/- for Criminal Original Case No.971/2013 and Rs.5000/- for Criminal Original Case No.2030/2013 to the complainant-respondent No.2, in the interest of justice, these criminal misc. petitions are allowed. Both the impugned orders dated 09.01.2018 passed by the trial court in Criminal Original Case Nos.971/2013 and 2030/2013 are set aside.

¶31

The respondent No.2 is directed to remain present before the trial court on 18.08.2018 in Criminal Original Case Nos.971/2013 and 2030/2013. The petitioner shall pay cost of Rs.5000/- for Criminal Original Case No.971/2013 and Rs.5000/- for Criminal Original Case No.2030/2013 to the complainant-respondent No.2 and on paying the same, the trial court may allow the petitioner to cross-examine the complainant-respondent No.2 in both the above referred cases.

¶32

It is made clear that if the petitioner fails to pay cost of Rs.5000/- for Criminal Original Case No.971/2013 and Rs.5000/for Criminal Original Case No.2030/2013 to the complainantrespondent No.2 on or before 18.08.2018 and if he fails to crossexamine the complainant-respondent No.2 on 18.08.2018, no further opportunity will be granted to the petitioner and the trial court can proceed further in the matters.

¶33

Stay petitions are disposed of.

¶34

(VIJAY BISHNOI),J

¶35

Abhishek Kumar S.Nos.224-225

Rajesh Gaur v. State and Anr.

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Rajesh Gaur v. State and Anr.

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