[2025:RJ-JP:26310] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3385/2025 Gogaram Jat Son Of Shri Badhuram Jat, Resident Of 180, Nithar Ki Dhani, Mahapura, Tehsil Sanganer, District Jaipur (Raj). ----Petitioner Versus 1. State Of Rajasthan, Through The Public Prosecutor. 2. Deepak Chaudhary Son Of Shri Bhagwan Sahay, Resident Of Mahapura Ring Road, Shiv Mandir, Jaipur (Raj). ----Respondents For Petitioner(s) : Mr. Pushpendu Sharma, Adv. Mr. Prashant Kumar Dubey, Adv. For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 15/07/2025 1. The present petition has been filed under Section 528 of BNSS against the impugned order dated 19.05.2025, passed by the Learned Trial Court, whereby, the application filed by the petitioner under Section 311 of Cr.P.C for recalling the complainant was dismissed. 2. It is contended by learned counsel for the petitioner that due to inadvertent reasons the petitioner could not cross-examine the complainant on 09.05.2025 and the petitioner on the said date submitted an application for seeking adjournment however the said application was dismissed by the concerned Court. Thereafter, on 12.05.2025 the petitioner filed an application under Section 311 of Cr.P.C. for recalling the complainant and the learned Court dismissed the application vide impugned order dated 19.05.2025. [2025:RJ-JP:26310] (2 of 3) [CRLMP-3385/2025] It is further contended that the present impugned order is against the settled principal of law as reasonable opportunity was not granted to cross examine the complainant prior to 09.05.2025 and on 09.05.2025 the petitioner duly applied for the adjournment. The right of cross-examination is a valuable right of the petitioner and without affording a fair opportunity, the learned trial Court dismissed the said application. therefore, the order dated 19.05.2025 may be set aside. 3. Learned counsel for the petitioner has placed reliance upon the judgment of Pradeep Kumar Kala vs. State of Rajasthan and Ors., S.B. Criminal Misc. Petition No.7511/2023 decided on 11.12.2024, whereby, after considering the object of fair trial, the Court allowed the petition on cost and gave an opportunity to the petitioner to cross-examine the complainant. 4. Heard and perused the material available on record. 5. It is a settled principle of law that a fair trial is the main object of criminal procedure, and it is the duty of the Court to ensure that such fairness is not hampered and parties are provided with reasonable opportunities to lead their evidence. Fair trial entails the interests of the accused, the victim and the society, and therefore fair trial includes the grant of fair and reasonable opportunities to the person concerned. 6. Considering the factual aspects of the present matter, the impugned order dated 19.05.2025 is hereby set aside and the present petition is allowed subject to the caveat that the petitioner shall cross-examine the complainant after making payment of cost of Rs.10,000/- and if the petitioner fails to pay the cost to the complainant before the next date and to cross-examine the [2025:RJ-JP:26310] (3 of 3) [CRLMP-3385/2025] complainant, the trial Court shall be at liberty to proceed in accordance with law. 7. The petitioner shall pay the said cost to the complainant on 08.08.2025 i.e., the next date of hearing in the trial Court. If the complainant remains present on 08.08.2025, then the petitioner shall cross-examine the complainant on the same day. The petitioner shall not adopt any tactics to seek adjournment of the case for any reason. However, if the complainant does not remain present on 08.08.2025, the concerned court shall fix a specific date to provide an opportunity to the petitioner to cross-examine the complainant. 8. Accordingly, the instant criminal miscellaneous petition stands disposed of. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava/-277