Allowed

Mahendra Kalla Son of Shri Janardan Kalla v. Union of India

Rajasthan HC15 Apr 2026CRLMP/8067/2021

Case brief

AI extract

What is this about?

Nine criminal miscellaneous petitions challenged trial court orders rejecting applications under Section 311 Cr.P.C. to recall prosecution witnesses (PW-2 Sushil Kumar Kulhari and PW-1 Neena Nigam) whose cross-examination had been closed due to the petitioner's advocate's absence. The High Court held that in the interest of justice one further opportunity for cross-examination should be given, allowed the petitions subject to costs of Rs. 1,000/-, and directed the trial courts accordingly. Stay applications were disposed of.

What did the court decide?

One chance for cross-examination of PW-2 Sushil Kumar Kulhari and PW-1 Neena Nigam granted on cost of Rs. 1,000/-; trial court orders set aside.

Mahendra Kalla Son of Shri Janardan Kalla Vs… — Criminal Trial and Appeal | Rajasthan HC (2026)

¶1

[2026:RJ-JP:15674]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous (Petition) No. 8067/2021

¶4

Mahendra Kalla Son Of Shri Janardan Kalla, Resident Of Kalla Street, Daga Chowk, Bikaner.

¶5

----Petitioner

¶6

Versus

¶7

Union Of India, Through Smt. Devangi Swrankar, Assistant Income Tax Commissioner, Central Circle-1, Room No. N.a 103, Nav Kendriya Rajasthan Bhawan, Statute Cirlce, Jaipur.

¶8

----Respondent

¶9

Connected With

¶10

S.B. Criminal Miscellaneous (Petition) No. 7938/2021 Mahendra Kalla Son Of Shri Janardan Kalla, Resident Of Kalla Street, Daga Chowk, Bikaner.

¶11

----Petitioner

¶12

Versus

¶13

Union Of India, Through Smt. Devangi Swrankar, Assistant Income Tax Commissioner, Central Circle-1, Room No. N.a 103, Nav Kendriya Rajasthan Bhawan, Statute Cirlce, Jaipur.

¶14

----Respondent

¶15

S.B. Criminal Miscellaneous (Petition) No. 7944/2021

¶16

Mahendra Kalla Son Of Shri Janardan Kalla, Resident Of Kalla Street, Daga Chowk, Bikaner.

¶17

----Petitioner

¶18

Versus

¶19

Union Of India, Through Smt. Devangi Swrankar, Assistant Income Tax Commissioner, Central Circle-1, Room No. N.a 103, Nav Kendriya Rajasthan Bhawan, Statute Cirlce, Jaipur.

¶20

----Respondent

¶21

S.B. Criminal Miscellaneous (Petition) No. 7945/2021 Mahendra Kalla Son Of Shri Janardan Kalla, Resident Of Kalla Street, Daga Chowk, Bikaner.

¶22

----Petitioner

¶23

Versus

¶24

Union Of India, Through Smt. Devangi Swrankar, Assistant

(2 of 5)

[2026:RJ-JP:15674]

[CRLMP-8067/2021]

Income Tax Commissioner, Central Circle-1, Room No. N.a 103, Nav Kendriya Rajasthan Bhawan, Statute Cirlce, Jaipur.

¶29

----Respondent

¶30

S.B. Criminal Miscellaneous (Petition) No. 7950/2021 Mahendra Kalla Son Of Shri Janardan Kalla, Resident Of Kalla Street, Daga Chowk, Bikaner.

¶31

----Petitioner

¶32

Versus

¶33

Union Of India, Through Smt. Devangi Swrankar, Assistant Income Tax Commissioner, Central Circle-1, Room No. N.a 103, Nav Kendriya Rajasthan Bhawan, Statute Cirlce, Jaipur.

¶34

----Respondent

¶35

S.B. Criminal Miscellaneous (Petition) No. 7952/2021 Mahendra Kalla Son Of Shri Janardan Kalla, Resident Of Kalla Street, Daga Chowk, Bikaner.

¶36

----Petitioner

¶37

Versus

¶38

Union Of India, Through Smt. Devangi Swrankar, Assistant Income Tax Commissioner, Central Circle-1, Room No. N.a 103, Nav Kendriya Rajasthan Bhawan, Statute Cirlce, Jaipur.

¶39

----Respondent

¶40

S.B. Criminal Miscellaneous (Petition) No. 7954/2021 Mahendra Kalla Son Of Shri Janardan Kalla, Resident Of Kalla Street, Daga Chowk, Bikaner.

¶41

----Petitioner

¶42

Versus

¶43

Union Of India, Through Smt. Devangi Swrankar, Assistant Income Tax Commissioner, Central Circle-1, Room No. N.a 103, Nav Kendriya Rajasthan Bhawan, Statute Cirlce, Jaipur.

¶44

----Respondent

¶45

S.B. Criminal Miscellaneous (Petition) No. 7997/2021

¶46

Mahendra Kalla Son Of Shri Janardan Kalla, Resident Of Kalla Street, Daga Chowk, Bikaner.

¶47

----Petitioner

¶48

Versus

¶49

Union Of India, Through Smt. Devangi Swrankar, Assistant

(3 of 5)

[2026:RJ-JP:15674]

[CRLMP-8067/2021]

Income Tax Commissioner, Central Circle-1, Room No. N.a 103, Nav Kendriya Rajasthan Bhawan, Statute Cirlce, Jaipur.

¶54

----Respondent

¶55

S.B. Criminal Miscellaneous (Petition) No. 7998/2021 Mahendra Kalla Son Of Shri Janardan Kalla, Resident Of Kalla Street, Daga Chowk, Bikaner.

¶56

----Petitioner

¶57

Versus

¶58

Union Of India, Through Smt. Devangi Swrankar, Assistant Income Tax Commissioner, Central Circle-1, Room No. N.a 103, Nav Kendriya Rajasthan Bhawan, Statute Cirlce, Jaipur.

¶59

----Respondent

¶60

For Petitioner(s)	: Mr. Jaswant Singh Rathore for
	Mr. Harendra Singh
For Respondent(s)	: Mr. Siddharth Bapna

¶61

HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI

¶62

Order

¶63

15/04/2026

¶64

S.B. Criminal Misc. (Petition) No. 8067/2021, 7938/2021, 7945/2021, 7950/2021, 7954/2021 & 7998/2021:-

¶65

By way of these Criminal Miscellaneous Petitions, petitioner wants to challenge the order dated 31.07.2021 passed by the learned Additional Chief Metropolitan Magistrate, Economic Offences, Jaipur Metropolitan-Second (for short “learned trial Court”) in which application filed by the petitioner under Section 311 Cr.P.C. for cross-examining PW-2 Sushil Kumar Kulhari for evidence was rejected.

¶66

Learned counsel for the petitioner submits due to unavoidable reasons, advocate of the petitioner could not appear before the learned trial Court on 04.07.2019 and learned trial

[2026:RJ-JP:15674]

[CRLMP-8067/2021]

(4 of 5)

Court has recorded the statement of Sushil Kumar Kulhari (PW-2) but cross-examination of the petitioner was closed. After that, petitioner has filed an application under Section 311 Cr.P.C. but learned trial Court wrongly rejected the application filed by the petitioner vide order dated 31.07.2021. Learned counsel for the petitioner further submits that in the interest of Justice, one chance may be given for cross-examination of witness-Sushil Kumar Kulhari (PW-2).

¶71

Learned counsel for the respondent(s) has not opposed the petitions.

¶72

I have considered the arguments advanced by learned counsel for the petitioner and perused the impugned order. In the interest of Justice, I am inclined to grant one more chance to the petitioner for cross-examination of Sushil Kumar Kulhari (PW-2) on cost.

¶73

Therefore, these Criminal Miscellaneous Petitions filed by the petitioner are allowed and the learned trial Court is directed to give one chance to the petitioner for cross-examining Sushil Kumar Kulhari (PW-2) on the cost of Rs.1,000/-.

¶74

Stay application(s) also stand disposed of accordingly.

¶75

S.B. Criminal Misc. (Petition) Nos.7944/2021, 7952/2021 & 7997/2021:-

¶76

By way of these Criminal Miscellaneous Petitions, petitioner wants to challenge the order dated 16.05.2019 passed by the learned Chief Metropolitan Magistrate, Economic Offences, Jaipur Metropolitan (for short “learned trial Court”) in which application filed by the petitioner under Section 311 Cr.P.C. for crossexamining PW-1 Neena Nigam for evidence was rejected.

[2026:RJ-JP:15674]

[CRLMP-8067/2021]

(5 of 5)

Learned counsel for the petitioner submits due to unavoidable reasons, advocate of the petitioner could not appear before the learned trial Court on 10.04.2019 and learned trial Court has recorded the statement of Neena Nigam (PW-1) but cross-examination of the petitioner was closed. After that, petitioner has filed an application under Section 311 Cr.P.C. but learned trial Court wrongly rejected the application filed by the petitioner vide order dated 16.05.2019. Learned counsel for the petitioner further submits that in the interest of Justice, one chance may be given for cross-examination of witness-Neena Nigam (PW-1).

¶81

Learned counsel for the respondent(s) has not opposed the petitions.

¶82

I have considered the arguments advanced by learned counsel for the petitioner and perused the impugned order. In the interest of Justice, I am inclined to grant one more chance to the petitioner for cross-examination of Neena Nigam (PW-1) on cost. 5. Therefore, these Criminal Miscellaneous Petitions filed by the petitioner are allowed and the learned trial Court is directed to give one chance to the petitioner for cross-examining Neena Nigam (PW-1) on the cost of Rs.1,000/-.

¶83

Stay applications also stand disposed of accordingly.

¶84

(CHANDRA PRAKASH SHRIMALI),J

¶85

GAURAV SHARMA /35-43

Mahendra Kalla Son of Shri Janardan Kalla v. Union of India

Case brief

What is this about?

What did the court decide?

Mahendra Kalla Son of Shri Janardan Kalla v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S Kisan Bhandar Vs State of Rajasthan

Ashutosh Parashar Son of Shri Tara Chand Sharma, Vs State of Rajasthan

Umar Mohammad Son of Shri Jabru, Vs State of Rajasthan

Mukesh Kumar S/O Late Shri Mohan Singh, Vs State of Rajasthan

Vikram Singh @ Vikram Nunia Vs State of Rajasthan

Mahendra Kalla Son of Shri Janardan Kalla Vs Union of India