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2025 DAILYLAW 39063 (RAJ)

AKBAR SON OF HURMAT v. STATE OF RAJASTHAN

CRLMP/3856/2025 · 2025-07-04

Sameer Jain

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:24633] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3856/2025 Akbar Son Of Hurmat, Aged About 60 Years, Resident Of Ladlaka, Police Station Kaman, District Bharatpur (Present District Deeg) (Rajasthan). ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Jabbar Khan S/o Nihala, Residentof Ladlaka, Police Station Kaman, District Bharatpur ( Present District Deeg), ( Rajasthan). ----Respondents For Petitioner(s) : Mr. Liyakat Khan, Adv. For State : Mr. M.S. Shekhawat, PP HON'BLE MR. JUSTICE SAMEER JAIN Judgment 04/07/2025 The present petition is filed assailing the order dated 10.06.2025 passed by Additional Session Judge, Kaman, District, Deeg, whereby, an application filed by the petitioner under Section 311 of Cr.P.C. was dismissed. Learned counsel for the petitioner has relied upon the judgment passed by Divison Bench of the Court at principle seat, Jodhpur in D.B. Criminal Appeal No.21/2018 titled as Pankaj Vs. State and has submitted that the application filed under the provision of Section 311 of Cr.P.C., can be allowed even at the final stage of the trial. Having heard the submissions made by the learned counsel for the petitioner and upon assiduous perusal of the impugned [2025:RJ-JP:24633] (2 of 2) [CRLMP-3856/2025] order dated 10.06.2025, this Court has noted that the matter pertains to the Year 2012; that the matter is at the final stage of trial; that medical report is on record since 2014, as reflected vide Annexure- P/17; that the application under the provision of Section 311 of Cr.P.C is filed on 05.06.2025; that proper reasoning is provided in the impugned order for not recalling the witness- Dr. Ganesh Lal Meena. Taking note of the afore-stated observations, this Court is of the opinion that impugned order is a well reasoned and a speaking order and judgment relied upon by the learned counsel for the petitioner is distinguishable from the case in hand. Therefore, this Court finds no reason to interfere with the impugned order dated 10.06.2025. Accordingly, the present petition is dismissed. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J CHANDAN /80