Disposed

Nitin Nagar v. State of Rajasthan

Rajasthan HC17 May 2024CRLMP/420/2024

Case brief

AI extract

What is this about?

Petitioner challenged orders permitting recall of witness PW-2 Bajrang Lal Sharma for cross-examination. The High Court noted the trial court itself directed production of the witness and observed his conduct was obnoxious. The trial court was directed to keep the SHO present during the witness's examination and take suitable action against any misbehaviour or hindrance.

What the court decided

AI extract

Nitin Nagar Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2024)

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[2024:RJ-JD:22421]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 420/2024

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Nitin Nagar S/o Narendra Kumar Nagar, Aged About 47 Years, R/o Plot No.79, Gangaur Ghat, Police Thana Ghantagahr, District Udaipur.

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----Petitioner

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Versus

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The State Of Rajasthan, Through PP

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Bajrang Lal Sharma S/o G. R. Sharma, R/o 7/8, Tiger Hill, Udaipur.

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----Respondents

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For Petitioner(s) : Mr. Dinesh Kumar Joshi For Respondent No.1 : Mr. Gaurav Singh, P.P.

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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17/05/2024

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By way of filing the instant criminal misc. petition under Section 482 of Cr.P.C., challenge has been made to the order dated 04.11.2023 passed by the Additional Civil Judge No.1, (North) Udaipur, whereby it has rejected the revision petition filed by the petitioner against the order dated 02.09.2023 passed by the Judicial Magistrate North No.1, Udaipur (hereinafter to be referred as ‘the trial court’), whereby the application of the prosecution for recalling the witness PW-2 Bajrang Lal Sharma for cross-examination was allowed.

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A perusal of the order dated 02.09.2023 passed by the learned trial court reflecting that the learned trial court itself directed the Prosecution Officer to produce the witness PW-2

(2 of 2)

[2024:RJ-JD:22421]

[CRLMP-420/2024]

Bajrang Lal Sharma. It has been observed by the learned trial court that the behaviour of the witness before the court was obnoxious and contumacious.

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In this view of the matter, learned trial court is directed to keep the SHO of the concerned Police Station present at the time of recording of statement of witness PW-2 Bajrang Lal Sharma and if any misbehaviour is done by him during the course of his examination, or if it is felt that he is causing hindrance in dispensation of justice or he is putting undue influence in the administration of the court, then suitable actions shall be taken against him.

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With these observations, this criminal misc. petition as well as stay petition are disposed of.

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(FARJAND ALI),J

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Abhishek Kumar S.No.116

Nitin Nagar v. State of Rajasthan

Case brief

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What the court decided

Nitin Nagar v. State of Rajasthan

Case brief

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What the court decided

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