Allowed

Arun Kumar v. State of Rajasthan and Anr.

Rajasthan HC2 Jan 2018CRLMP/3475/2017

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous petition seeking a final opportunity for the accused to cross-examine the complainant. The Court imposed a cost of Rs. 5,000 as a condition precedent and directed the complainant to appear on 09.01.2018 for the cross-examination.

What did the court decide?

Grant of one last opportunity to cross-examine the complainant on payment of Rs. 5,000 as costs; direction for cross-examination on 09.01.2018.

Arun Kumar Vs State of Rajasthan and Anr. — Criminal Trial and Appeal | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misccellaneous (Petition) No. 3475 / 2017

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Arun Kumar S/o Shri Ghanshyam Dhanka B/c Dhanka, R/o Dhanko Ka Mohalla, Village Madrampura, Sanganer, Jaipur, Raj.

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----Petitioner

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Versus

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State of Rajasthan Through P.P.

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Rohit Badetiya S/o Shri Mevaram B/c Regar, R/o Plot No.21-B, Shri Kalyan Nagar, Kartarpura, Jaipur, Raj.

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----Respondents

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For Petitioner(s) : Mr. K.K. Chhawal

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For Respondent(s) : Ms. Meenakshi Pareek, PP

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Mr. Mohd. Saeed for Mr. M. Akbar Khan

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HON'BLE MR. JUSTICE DEEPAK MAHESHWARI

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Judgment / Order

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02/01/2018

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Heard learned counsel for both the sides.

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This misc. petition has been filed against the order dated 24.05.2017 whereby opportunity of cross-examining the complainant has been closed by learned trial Court on the ground that sufficient opportunity has already been provided for the same. The application filed under Section 311 Cr.P.C. on behalf of the accused for allowing him to cross-examine the complainant has also been rejected.

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Learned counsel for the petitioner submits that it is desirable in the interest of justice to allow one last opportunity to crossexamine the complainant in absence of which substantial injustice may be caused to the accused-petitioner.

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(2 of 2)

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[CRLMP-3475/2017]

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Learned counsel for the complainant/respondent has

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opposed the prayer.

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Taking all the relevant facts into consideration that earlier on five occasions no cross-examination was conducted on behalf of the accused and also the fact that in absence of such crossexamination, the defence of the accused-petitioner will be seriously prejudiced, this Court thinks it proper to allow last opportunity to cross-examine the complainant at the cost of Rs. 5,000/- payment of which will be a condition precedent. It is further directed that on the next date fixed before the trial Court i.e. on 09.01.2018, the complainant shall remain present and cross-examination will be conducted on behalf of the accusedpetitioner on the same day after paying Rs. 5,000/- as cost before the trial Court to the complainant/respondent. No further opportunity for cross-examination shall be allowed. The petition stands allowed.

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The matter was listed today on the early listing of the case, but with the consent of both the parties, the petition was heard and stands disposed of finally.

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(DEEPAK MAHESHWARI) J.

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Arun/13

Arun Kumar v. State of Rajasthan and Anr.

Case brief

What is this about?

What did the court decide?

Arun Kumar v. State of Rajasthan and Anr.

Case brief

What is this about?

What did the court decide?

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