[2025:RJ-JP:50862] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7695/2025 Swati Sharma Daughter Of Shri Sohan Lal Sharma, Resident Of F-203, G-17, Raghuraj Enclave, Krishna Marg, C-Scheme, Jaipur (Raj). ----Petitioner Versus 1. State of Rajasthan, through P.P. 2. Pawan Kumar Pareek Son of Shri Madan Lal Pareek, Resi- dent of 21, Arihant Apartment, F-1, Deepak Colony, Chak Gatore, Pratap Nagar, Sanganer (Raj). ----Respondents For Petitioner(s) : Mr. Girish Khandelwal For Respondent(s) : Mr. M.S. Shekhawat, PP with Mr. Gaurav Gupta, Asstt. G.A. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 16/12/2025 1. By way of this instant misc. petition under Section 528 of BNSS, the petitioner has challenged the order dated 15.11.2025 passed by learned Additional Sessions Judge No.2, Jaipur Metropolitan-I (hereinafter referred as ‘learned Revisional Court’ for brevity) in Criminal Revision No.36/2025 (CIS No.404/2025) whereby, the learned revisional Court dismissed the revision preferred by the petitioner and affirmed the order dated 14.05.2025 passed by learned Special Judicial Magistrate (N.I. Act Cases), No.1, Jaipur Metropolitan-I in case No.346/2018 whereby, learned trial Court dismissed the application filed by the petitioner for recalling the complainant for his cross-examination. 2. Learned counsel for the petitioner submits that for just decision of the case, the cross-examination of the said witness is very essential and if prayer of the petitioner is not accepted and cross- examination of the said witness is not allowed to be conducted, the [2025:RJ-JP:50862] (2 of 2) [CRLMP-7695/2025] petitioner would not be able to defend her case properly and serious prejudice would be caused to her. He therefore, prays that in the interest of justice, the petitioner may be given one opportunity to cross-examine the said witness. 3. Per contra, learned Public Prosecutor opposes the submissions made by counsel for the petitioner. 4. Having regard to the overall facts and circumstances of the case; considering the submissions made by learned counsel for the parties and in the interest of justice, the petitioner is given one last opportunity to cross-examine the complainant subject to payment of cost to the complainant. 5. Accordingly, the instant misc. petition is allowed and the impugned orders dated 15.11.2025 and 14.05.2025 are hereby quashed and set aside. The petitioner is granted one last opportunity to cross-examine the complainant subject to payment of cost of Rs.11,000/- to the complainant before the learned trial Court. The trial court shall fix a date in the matter for the purpose of cross- examination of the complainant by the petitioner and shall summon the said witness accordingly. On that date, the petitioner shall make payment of cost to the complainant. 6. It is made clear that only one opportunity shall be given to the petitioner for the purpose of cross-examination of the said witness. In case, the petitioner does not make the payment of the cost to the complainant or fails to complete the cross-examination in one chance, as directed above, the present order shall lose its currency. (ANIL KUMAR UPMAN),J LALIT MOHAN /196