[2025:RJ-JP:11079] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1426/2025 1. Surajbhan S/o Birdichand, Resident Of Kabro Ka Bas, Tehsil Renwal, Police Station Renwal, District Jaipur. 2. Ramchandra S/o Birdichand, Resident Of Kabro Ka Bas, Tehsil Renwal, Police Station Renwal, District Jaipur. ----Petitioners Versus State of Rajasthan, through P.P. ----Respondent For Petitioner(s) : Ms. Shruti Singh Choudhary For Respondent(s) : Mr. Vijay Singh Yadav, Public Prosecutor HON'BLE MR. JUSTICE GANESH RAM MEENA Order 11/03/2025 1. This criminal misc. petition has been filed by the petitioners under Sections 528 of the BNSS, 2023 with a challenge to the order dated 24.02.2025 passed by the Court of learned Additional Chief Judicial Magistrate No.10, Jaipur Metropolitan-II, Headquarter Chomu, Jaipur in CIS No.1719/2014 titled as “State Vs. Ramchandra & Ors.”, whereby, the application filed by the petitioners for allowing an opportunity to cross-examine the prosecution witness, namely, Buddhi Prakash recorded as PW-3 was dismissed. 2. Heard. Considered the submissions made at bar and also perused the material available on record. 3. The matter was fixed before the learned trial Court 06.11.2024 and on that date, the accused-petitioner No.2, [2025:RJ-JP:11079] (2 of 3) [CRLMP-1426/2025] namely, Ramchandra was present before the learned trial Court. However, due to non-appearance of the accused-petitioner No.1, namely, Surajbhan, his bail bonds were forfeited. On the said date, the statements of the prosecution witness-Buddhi Prakash were recorded however, one of the accused-petitioner- Ramchandra who was present before the learned trial Court could not cross-examine the said witness. 4. The accused-petitioner No.1 has submitted an application before the learned trial Court on 18.12.2024 i.e. only after a period of about one month without there being any delay for allowing him to cross-examine the prosecution witness-Buddhi Prakash (PW-3). 5. The learned trial Court has dismissed the said application without making any observation on the merits but only on the ground that the earlier order passed by the learned trial Court for closing the cross-examination, cannot be reviewed by the learned trial Court in view of the specific provisions under the Cr.P.C./BNSS. 6. Taking into consideration overall facts and circumstances of the case as borne out from the impugned order and the other material placed on record, the accused-petitioners have submitted an application for allowing them to cross-examine the prosecution witness-Buddhi Prakash soon after the cross-examination was closed on 06.11.2024, this Court deems just and proper to exercise inherent jurisdiction vested to it under Section 528 of the BNSS. 7. Accordingly, this criminal misc. petition is allowed and the order dated 24.02.2025 passed by the learned Additional Chief [2025:RJ-JP:11079] (3 of 3) [CRLMP-1426/2025] Judicial Magistrate No.10, Jaipur Metropolitan-II, Headquarter Chomu, Jaipur is hereby quashed and set aside. 8. The learned trial Court is directed to allow one opportunity to the petitioners to cross-examine the prosecution witness, namely, Buddhi Prakash (PW-3) by fixing a particular date for cross- examination of the said witness. 9. Stay application as well as pending application, if any, also stands disposed of. (GANESH RAM MEENA),J Ashish Kumar /14