Allowed

Dharmenra Joya S/O Shri Babulal Joya, v. State of Rajasthan

Rajasthan HC15 May 2024CRLMP/2105/2024

Case brief

AI extract

What is this about?

The High Court allowed the criminal miscellaneous petition under Section 482 CrPC, quashing the order that had dismissed the application under Section 311 CrPC for recalling the complainant. The court granted one opportunity for cross-examination subject to the payment of a cost.

What did the court decide?

Opportunity granted to cross-examine complainant subject to payment of cost of Rs. 21,000/-.

Dharmenra Joya S/O Shri Babulal Joya, Vs State… — Criminal Trial and Appeal | Rajasthan HC (2024)

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[2024:RJ-JP:23095]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 2105/2024

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Dharmenra Joya S/o Shri Babulal Joya, R/o Plot No. A-254-255, Murlipura Scheme, Jaipur.

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----Petitioner

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Versus

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State Of Rajasthan, Through P.P.

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Smt. Shanti Khandelwal W/o Shri Siyaram Khandelwal, R/o Plot No. 9-A, Rishi Colony, Near Mata Ji Ka Madir, Murlipura, Jaipur.

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----Respondents

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For Petitioner(s)	: Mr. Mukesh Kumar Saini
For Respondent(s)	: Mr. Chandragupt Chopra, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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15/05/2024

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By way of this instant misc. petition under Section 482 CrPC, the petitioner has challenged the order dated 19.02.2024 passed by learned Additional Sessions Judge No.5, Jaipur MetropolitanFirst, Jaipur in Criminal Revision No.02/2024 (CIS No. 35/2004) whereby revision petition filed against the order dated 27.09.2023 passed by learned Special Metropolitan Magistrate (N.I. Act Cases) No. 13, Jaipur Metropolitan-First in case No. 894/2022 whereby the application under Section 311 Cr.P.C. filed on behalf of the petitioner for recalling the complainant for his cross-examination has been dismissed.

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Learned counsel for the petitioner submits that for just decision of the case, the cross-examination of the said witness is very essential and if prayer of the petitioner is not accepted and

[2024:RJ-JP:23095]

[CRLMP-2105/2024]

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cross-examination of the said witness is not allowed to be conducted, the petitioner would not be able to defend his case properly and serious prejudice would be caused to him. He therefore, prays that in the interest of justice, the petitioner may be given one opportunity to cross-examine the said witness.

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Having regard to the overall facts and circumstances of the case; considering the submissions made by learned counsel for the petitioner and in the interest of justice, the petitioner is given one opportunity for cross-examination of the complainant subject to the payment of cost to the complainant. Accordingly, the impugned order dated 19.02.2024 is quashed and set aside. The instant misc. petition is allowed subject to payment of cost of Rs.21,000/- to the complainant before the learned trial court. The trial court shall fix a date for the purpose of cross-examination of complainant by the accused-petitioner and shall summon the said witness accordingly. On that date, the petitioner shall make payment of cost to the complainant. It is made clear that only one opportunity shall be given to the petitioner for the purpose of cross-examination of the said witness. In case, the petitioner do not make payment of cost to the complainant or fails to complete the cross-examination in one chance, as directed above, the present order shall lose its currency.

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(ANIL KUMAR UPMAN),J

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LALIT MOHAN /11

Dharmenra Joya S/O Shri Babulal Joya, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dharmenra Joya S/O Shri Babulal Joya, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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