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[2025:RJ-JD:2707] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 75/2025 Muknaram S/o Kishnaram Ji, Aged About 75 Years, R/o B-81, Arvind Nagar, Airforce, Jodhpur Ps Ratanada, Jodhpur. ----Petitioner Versus N.c.b., Through Ncb ----Respondent For Petitioner(s) : Mr. Mangi lal Vishnoi For Respondent(s) : Smt. Sonu Manawat, PP HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order 15/01/2025 The instant criminal revision petition has been filed under Section 438/442 B.N.S.S against the order dated 09.01.2025 passed by learned Special Judge, NDPS Act Cases No.2, Jodhpur in Sessions Case No. 43/2023 by which the learned trial court dismissed the application filed by the petitioner for recalling the prosecution witnesses PW/5 Dalchand and PW/7 Manoj Soguna. Counsel for the petitioner submits that an application was filed by the petitioner on 03.09.2021 for summoning the call details of Mobile numbers 9461908595 and 7727049507. The said application was allowed and the court directed to furnish the report of call details to the court but said report was not supplied to him and he was deprived from cross-examining the aforesaid
[2025:RJ-JD:2707] (2 of 3) [CRLR-75/2025] two witnesses, therefore, these two witnesses may be re- summoned. Per contra, learned Special Public Prosecutor Mr. M.R. Pareek submits that call details of mobile were summoned and same are already on record since 2021. The statement of aforesaid witnesses have been recorded long back and the cross- examination of the witnesses has also been completed in the presence of the accused, therefore, there is no reason whatsoever to recall these witnesses. Therefore, the impugned order does not call for any interference. I have perused the impugned order and heard rival contention of the parties. It is not disputed that the call details were summoned by the trial court and witness PW/5 Dalchand was examined before the trial court on 04.02.2020 and his evidence was closed on
23.06.2023. Likewise, statement of PW/7 Manoj Soguna was also recorded on 24.10.2024 and sufficient opportunities were given to the petitioner to cross-examine these witnesses, however, it seems that the accused did not cross-examine these witnesses with regard to call details. In the opinion of this Court, since sufficient opportunities were already granted and detailed cross- examination has already been done, there is no plausible ground to re-examine PW/5 Dalchand and PW/7 Manoj Soguna, only to fulfill the lacunae on the part of the accused.
In the circumstances of the case, the learned trial court has not committed any error in dismissing the application filed by the petitioner. Hence, this criminal revision petition is hereby dismissed. [2025:RJ-JD:2707] (3 of 3) [CRLR-75/2025] Stay petition also stands disposed of. (MANOJ KUMAR GARG),J 137-BJSH/-