[2025:RJ-JP:20629] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2867/2025 Smt. Neetu Rathore W/o Shri Rameshwar Singh, Resident Of 548, Katewa Nagar, New Sanganer Road, Jaipur (Raj). ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Amar Singh S/o Shri Devi Singh, Aged About 44 Years, Resident Of Plot No. 204, Tara Nagar -E, Jhotwara, Jaipur (Raj). ----Respondents For Petitioner(s) : Mr. Umesh Vyas For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 15/05/2025 The instant petition has been filed by the petitioner under Section 528 BNSS challenging the order dated 21.04.2025 whereby the learned trial court rejected the application for providing opportunity to cross examine the complainant. It is contended by learned counsel for the petitioner that on 26.07.2024, the opportunity to cross-examine the complainant was closed by the trial court, being aggrieved by the said order the petitioner submitted an application under Section 311 Cr.P.C. for calling the complainant, which is rejected by the concerned court vide impugned order dated 21.04.2025. The right to cross- examine the complainant is valuable right of the petitioner, therefore the order dated 21.04.2025 may be set aside and [2025:RJ-JP:20629] (2 of 3) [CRLMP-2867/2025] petitioner may be given an opportunity to cross examine the complainant. Heard and perused the material available on the record. The petitioner submitted an application under Section 91 of Cr.P.C. which was dismissed on 11.05.2023. The complainant was examined on 23.05.2023. On 26.07.2024 counsel for the petitioner was given an opportunity to cross examine the complainant, but instead of cross examining the complainant, counsel declined to cross examine the complainant. On the above grounds learned trial court closed the opportunity to cross examine the complainant. Learned trial court also recorded the finding that petitioner is lingering on the case and many opportunities have been granted to him to cross examine the complainant. However, despite opportunities petitioner did not cross examine the complainant. Learned trial court vide impugned order imposed cost of Rs. 1,000/- and matter was placed for recording the statement of accused under Section 313 of Cr.P.C. Though the conduct of petitioner is unworthy to grant him any liberty, however considering the fact that cross examination is valuable right, I deem it proper to provide one opportunity to the petitioner to cross-examine the complainant on the next date of hearing. The order dated 21.04.2025 passed by learned trial court is hereby set aside subject to the payment of cost of Rs. 15,000/- to the complainant. Accordingly, one last opportunity is provided to the petitioner to cross examine the witness, if the petitioner does not deposit or [2025:RJ-JP:20629] (3 of 3) [CRLMP-2867/2025] pay the cost amount, the petitioner shall not be entitled to cross examine the complainant. With the aforesaid direction, the instant criminal misc. petition stands disposed of. All pending applications, if any, also stand disposed of. (PRAVEER BHATNAGAR),J ashu /67