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2025 DAILYLAW 18911 (RAJ)

MUKESH SONI S/O SHRI RADHEYSHYAM SONI v. MOHAN SINGH SANKHLA S/O SHRI RAMPRATAP SANKHLA

CRLMP/2892/2025 · 2025-05-16

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:20719] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2892/2025 Mukesh Soni S/o Shri Radheyshyam Soni, Aged About 60 Years, Resident Of 117, Parivahan Nagar, Khatipura Road, Khatipura, Jaipur, Rajasthan. ----Petitioner Versus Mohan Singh Sankhla S/o Shri Rampratap Sankhla, Aged About 48 Years, Resident Of Village Gunawata, Tehsil Amer, District Jaipur, Rajasthan. ----Respondent For Petitioner(s) : Mr. Abhimanyu Singh Yaduvanshi For Respondent(s) : HON'BLE MR. JUSTICE SAMEER JAIN Judgment 16/05/2025 Learned counsel for the petitioner has assailed the order dated 05.04.2025 passed by Special Judicial Magistrate, whereby, application filed by the petitioner for producing Lal Chand Sharma as witness was dismissed. Learned counsel for the petitioner has admitted the fact that list of evidence was not presented by the petitioner. Thereafter, opportunity qua the complainant/petitioner to give evidence was closed. It is further admitted that the petitioner has filed an application on 05.10.2024 for producing above named as witness. Lastly, it is submitted that the learned Trial Court has dismissed the said application of the petitioner without appreciating the material available on record. [2025:RJ-JP:20719] (2 of 2) [CRLMP-2892/2025] Considering the facts and circumstances of the case, upon perusal of material available on record, this Court finds no reason to interfere with the findings and observation of the impugned order. Howsoever, in the interest of justice, this Court grants liberty to the petitioner to make their submissions before the concerned Court and the said Court is hereby directed to duly consider the arguments/submissions advanced by the petitioner, taking note of the potential objections raised by the opposing party, and make an appropriate determination to ensure fair trial. Accordingly, the present petition is disposed of. Pending applications, if any, shall stand disposed. (SAMEER JAIN),J DEEPAK/63