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2025 DAILYLAW 41393 (RAJ)

MADAN LAL REGAR SON OF CHHOTU VERMA v. STATE OF RAJASTHAN

CRLMP/1042/2025 · 2025-02-19

Ganesh Ram Meena

body2025

Judgment text

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[2025:RJ-JP:7349] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1042/2025 Madan Lal Regar Son Of Chhotu Verma, Regran Mohalla, Village Malipura, Post Pasrotiya Malipura, District Tonk (Raj). ----Accused/Petitioner Versus 1. State Of Rajasthan, Through P.P. 2. S.r. Finance, Proprietor Vinay Vaid Son Of Ratan Lal Baid, Office G-1, Pink Tower, Near Rajasthan Hospital, Behind Sahara Chamber, Tonk Fatak, Jaipur. ----Complainant/Respondents For Petitioner(s) : Mr. Babu Lal Bairwa For Respondent(s) : Mr. Vijay Yadav, P.P. HON'BLE MR. JUSTICE GANESH RAM MEENA Order 19/02/2025 1. Learned counsel for the accused-petitioner submits that the petitioner may be granted one opportunity to cross-examine the complainant/witness. Counsel further submits that the evidence of the complainant was recorded on 15.06.2024 and, thereafter, on 06.07.2024, opportunity to cross-examine the witness/complainant was closed. Counsel further submits that the petitioner has not been afforded appropriate opportunity to cross- examine the complainant/witness. 2. After considering the submissions and perusal of the material made available on record, the learned Trial Court dismissed the application vide its order dated 31.07.2024, filed by the petitioner under Section 311 Cr.P.C., observing that on 06.07.2024, though an application for exemption of the personal appearance for that date was moved on behalf of the accused-petitioner and counsel [2025:RJ-JP:7349] (2 of 2) [CRLMP-1042/2025] for the accused did not turn up to cross-examine the complainant/witness up till 04.30 P.M. and the evidence was closed and the matter being an old matter, he cannot be allowed the opportunity to cross-examine. 3. Learned Revisional Court also observed the same thing. 4. On consideration of the submissions made by learned counsel for the petitioner and also on perusal of the record, this Court finds that the statement of complainant/witness was recorded on 15.06.2024 and, thereafter, on 06.07.2024 the opportunity of cross-examination of complainant was closed. 5. Taking into consideration the overall facts & circumstances of the case and more particularly the fact that the opportunity to cross-examine has been closed in short period of about 20 days. This Court in the interest of justice deems just and proper to exercise the inherent jurisdiction. 6. Accordingly, this misc. petition is disposed of with the direction to the learned Trial Court to allow one more opportunity to the accused-petitioner to cross-examine the complainant/witness. 7. The accused-petitioner along with his counsel shall appear before the learned Trial Court on 27.02.2025 and the learned Trial Court shall fix the date for allowing him an opportunity to cross- examine the complainant/witness. 8. Since the main petition is disposed of, the stay application & pending application/s, if any, also stand disposed of. (GANESH RAM MEENA),J SAURABH /77