Allowed

Ramdhan Kumawat S/O Shri Soorajmalkaran v. State of Rajasthan

Rajasthan HC7 Jul 2021CRLMP/2415/2021

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous petition under Section 482 Cr.P.C., quashing the lower court's order refusing cross-examination. The bench directed the trial court to grant the petitioner one more opportunity to cross-examine the respondent witness.

What did the court decide?

Petition allowed, impugned order set aside, and trial court directed to give one chance for cross-examination of the respondent.

Ramdhan Kumawat S/O Shri Soorajmalkaran Vs State of… — Quashing and FIR | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 2415/2021

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Ramdhan Kumawat S/o Shri Soorajmalkaran, R/o Shiv Colony Dhobiyo Ke Balaji Ke Mandir Ke Piche Bypass Road Bagru Tehsil Sanganer District Jaipur (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Shankar Chipa S/o Late Shri Gopiram Chipa, R/o Bawri Baba Ke Mandir Ke Pass Nadi Mohalla Bagru Tehsil Sanganer District Jaipur (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Manish Kumar Meena, Adv. For Respondent(s) : Mr. Fateh Ram Meena, PP

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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07/07/2021

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This criminal misc. petition under Section 482 Cr.P.C. has been filed against the order dated 27.01.2021 passed by Special Metropolitan Magistrate (N.I. Act Cases), No.11, Jaipur Metropolitan Second in case No.2309/2016, whereby the application filed by the petitioner under Section 311 Cr.P.C. was rejected.

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Learned counsel for the petitioner submits that learned lower court has closed the evidence on 19.10.2019. Petitioner had filed a detailed application for not cross-examination of the respondent. Learned counsel for the petitioner further submits that at the time of cross-examination, advocate of the petitioner had eye problem so he was not present in the court and cross-examination of the

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(2 of 2)

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[CRLMP-2415/2021]

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respondent was wrongly closed by learned Magistrate. Learned counsel for the petitioner further submits that one chance be given at the cost and the petition filed by the petitioner be allowed.

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Learned Public Prosecutor has opposed the arguments advanced by the learned counsel for the petitioner.

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I have perused the order of the trial court, in the interest of justice, I deem fit to allow the petition at cost of Rs.5,000/-.

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Therefore, the petition filed by the petitioner is allowed. The order of the trial court dated 27.01.2021 is set aside.

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Petitioner is directed to pay Rs.5,000/- to the respondent

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No.2.

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Trial court is directed to give one chance for the crossexamination of the respondent.

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The stay application also stands disposed of.

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(NARENDRA SINGH DHADDHA),J

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Jatin /20

Ramdhan Kumawat S/O Shri Soorajmalkaran v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ramdhan Kumawat S/O Shri Soorajmalkaran v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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