Allowed

Jahiruddin @ Jabiruddin Khan v. Ashok Kumar Rajoria

Rajasthan HC8 Jan 2020CRLMP/1073/2018

Case brief

AI extract

What is this about?

High Court allowed criminal miscellaneous petition set aside trial court order denying further cross-examination opportunity after counsel refusal and granted one last chance to petitioner under Section 311 Cr.P.C.

What did the court decide?

Order dated 7th February 2018 set aside; petitioner granted one last opportunity to cross-examine; witnesses summoned by trial court.

Jahiruddin @ Jabiruddin Khan Vs Ashok Kumar… — Criminal Trial and Appeal | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 1073/2018

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Jahiruddin @ Jabiruddin Khan S/o Shri Kallu Khan, R/o House No. 713, Koyle Walo Ki Gali, Mahro Ka Rasta, Ramganj Bazar, Jaipur.

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----Petitioner

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Versus

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Ashok Kumar Rajoria S/o Late Shri Lachooram Rajoria, B/c Khattik, R/o House No. 201, Mandi Katikan, Laxminarayanpuri, Surajpole Bazar, Jaipur.

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----Respondent

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For Petitioner(s) : Ms. Rekha Jain for Mr. Mohd. Ashfaq Khan For Respondent(s) : Mr. Pawan Kr. Sharma for Mr.Ghanshyam Dass

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Judgment / Order

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08/01/2020

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The petitioner has challenged the order dated 7^th February, 2018, whereby an opportunity to cross-examine the complainant has been closed.

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Learned counsel for petitioner has submitted that petitioner’s counsel Mr. Praveen Kumar, who was earlier appearing for petitioner refused to further plead his case and therefore, the petitioner had to engage another counsel. The new counsel, who appeared, was not allowed to cross-examine on the ground that earlier opportunity was granted to cross-examine.

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Learned counsel submits that on account of fault of the counsel, the petitioner cannot be deprived of his right to crossexamine the complainant.

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(2 of 2)

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[CRLMP-1073/2018]

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Learned counsel appearing for respondent submits that three opportunities were given earlier and last opportunity at the cost of Rs.400/- to the accused-petitioner for cross-examination which was not availed and therefore, no further opportunity should be granted.

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I have considered the submissions and find that reasonable and valid ground exists in favour of the accused-petitioner as his counsel has refused to appear. It appears that counsel has not cross-examined the witnesses on earlier dates whereafter the petitioner has changed his counsel. In these circumstances, an application was moved by the petitioner under Section 311 Cr.P.C. for calling witnesses for cross-examination.

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In the criminal jurisprudence, an accused would get a fair opportunity for cross-examining the witnesses of the prosecution which would include the complainant also. If for any reason, crossexamination could not be done, an application is moved under Section 311 Cr.P.C. In the interest of justice and for finding truth, it would be appropriate for the courts below to give atleast one opportunity and allow cross-examination of the witnesses.

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In view of the above, the order dated 7^th February, 2018 passed by the trial court is set aside. The petitioner would be given one last opportunity to cross-examine and for the said purpose, the concerned witnesses be summoned by the trial court.

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With the said observations, the petition is allowed. All the pending applications stand disposed of.

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(SANJEEV PRAKASH SHARMA),J

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FATEH RAJ BOHRA /6-38

Jahiruddin @ Jabiruddin Khan v. Ashok Kumar Rajoria

Case brief

What is this about?

What did the court decide?

Jahiruddin @ Jabiruddin Khan v. Ashok Kumar Rajoria

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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