Allowed¶22

Ankit Shringi S/O Shri Mukesh R Shringi, v. Smt. Gunjan Sharma W/Oshri Ankit Sharma

Rajasthan HC23 Jan 2025CRLMP/390/2025

Case brief

AI extract

What is this about?

Ankit Shringi v. Gunjan Sharma & Anr.; Rajasthan HC Jaipur; CRLMP 390/2025 (S.B. Criminal Miscellaneous Petition); Justice Ashutosh Kumar; order dated 23/01/2025; closure of cross-examination; one last opportunity to cross-examine AW-1; S. 528 BNSS 2023; S. 125 Cr.P.C. maintenance case No.234/2023; Family Court No.1 Kota; cost of Rs.10,000 as precondition; cross-examination as valuable right; certified copy to trial Court.

What did the court decide?

Petition allowed with Rs.10,000/- cost payable to respondent no.1 as a prerequisite; trial Court directed to give the petitioner one last opportunity to cross-examine respondent no.1, and petitioner directed to supply a certified copy of the order to the trial Court so that AW-1 may be called well in advance. Pending applications disposed of. ¶22

Ankit Shringi S/O Shri Mukesh R Shringi, Vs Smt… — Maintenance and Alimony | Rajasthan HC (2025)

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[2025:RJ-JP:3394]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 390/2025

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Ankit Shringi S/o Shri Mukesh R Shringi, Aged About 39 Years, R/o 101-A, Kusum Villa, Near Rajkesar Hotel, Kota Junction, At Present D-23, Urenium Corporation of India Ltd. Post Jadugoda, District Jamshedpur, Jharkhand, At Present D-43, UCIL Colony, Jadugoda, East Singhbhoom (Jharkhand) (Raj).

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----Petitioner

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Versus

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Smt. Gunjan Sharma W/o Shri Ankit Sharma, Aged About 34 Years, R/o H. No. 2, Old Workshop, Yojana New Colony, Gumanpura, Kota (Raj).

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Purvansh Shringi S/o Shri Ankit Sharma, Aged About 8 Years, Minor Through His Guardian Mother Smt. Gunjan Sharma, R/o H. No. 2, Old Workshop, Yojana New Colony, Gumanpura, Kota (Raj).

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----Respondents

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For Petitioner(s) : Mr. Samarth Sharma, Adv. For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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23/01/2025

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This petition has been filed under Section 528 of BNSS, 2023 against the order dated 15.10.2024 passed by learned Family Court No.1, Kota (Raj.) (hereinafter referred to as the 'trial Court') in Case No.234/2023 titled as Smt. Gunjan Sharma & Anr. Vs. Ankit Shringi), by which right of cross-examination of the petitioner has been closed by learned trial Court.

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Learned counsel for the petitioner submits that the petitioner is a layman and is not acquainted with the proceedings and procedure of the Court, therefore due to which, he could not

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[2025:RJ-JP:3394]

[CRLMP-390/2025]

cross-examine respondent no.1, whose examination-in-chief was recorded as AW-1 on the given date. He further submits that the cross-examination is a valuable right of the petitioner. If the petitioner is not allowed to cross-examine the respondent no.1, then in the proceedings initiated by her under Section 125 Cr.P.C., right of the petitioner will be affected adversely, therefore, one opportunity be granted to the petitioner to cross-examine the respondent no.1. At this stage, learned counsel prays that this petition be disposed of by granting one last opportunity to crossexamine respondent no.1.

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Heard learned counsel for the petitioner and perused the material available on record.

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Considering the facts and circumstances of the case and also considering the fact that cross-examination is the valuable right of the petitioner and looking to the limited prayer made on behalf of the petitioner, this petition is allowed on the cost of Rs.10,000/- to be paid to respondent no.1. It is directed that the trial Court shall give one last opportunity to the petitioner to cross-examine respondent no.1. Payment of the cost shall be prerequisite for cross-examination. Petitioner is further directed to supply the certified copy of this order to the trial Court so that the trial Court may call AW-1 well in time in advance.

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With the above directions, this petition is disposed of.

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Pending application(s) also stands disposed of.

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(ASHUTOSH KUMAR),J

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Mohita /28

Ankit Shringi S/O Shri Mukesh R Shringi, v. Smt. Gunjan Sharma W/Oshri Ankit Sharma

Case brief

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Ankit Shringi S/O Shri Mukesh R Shringi, v. Smt. Gunjan Sharma W/Oshri Ankit Sharma

Case brief

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