HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6454/2025 1. Pukhraj S/o Seetaram, R/o Bad Bichhoch, Batoda, Sawai Madhopur, Rajasthan. 2. Mukesh S/o Seetaram, R/o Bad Bichhoch, Batoda, Sawai Madhopur, Rajasthan. ----Petitioners Versus State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ravindra Kumar Paliwal For Respondent(s) : Mr. Amit Punia, PP JUSTICE ANOOP KUMAR DHAND Order 30/10/2025 1. By way of filing this petition a challenge has been made to the impugned order dated 26.03.2025 passed by the Judicial Magistrate, Bamanwas (for short ‘Trial Court’) by which the application submitted by the petitioners seeking opportunity to cross-examine the witness PW-7 Dhanwanti has been rejected. 2. Learned counsel appearing on behalf of the petitioners submits that the petitioners are facing trial for the offences punishable under Sections 323, 341 and 326/34 IPC. Counsel submits that when the case was posted for recording evidence of the witness PW-7 Dhanwanti, counsel for the petitioners before the Trial Court could not appear, hence, the opportunity for cross-examination of the petitioners was (2 of 3) [CRLMP-6454/2025] closed. Counsel submits that in the interest of justice, last opportunity be granted to the petitioners to cross-examine with the aforesaid witness. 3. Per contra, learned Public Prosecutor opposed the prayer. 4. Perusal of the record as well as the impugned order indicate that when the case was posted for 06.12.2024 for recording the evidence of the witness PW-7, the counsel appearing on behalf of the petitioners before the Trial Court could not appear and on the very same day, their opportunity for cross-examination of PW-7 was closed, thereafter, an application was submitted by the petitioners on 26.03.2025 for granting one more opportunity to the petitioners to cross- examine, but the said application was rejected on the very same day vide impugned order dated 26.03.2025. 5. It is settled proposition of law that fair trial is one of the core objectives of the criminal procedure and the right of cross-examination is a part of right to fair trial, which every accused has been granted under Article 21 of the Constitution of India. 6. In the interest of justice, one last opportunity is granted to the petitioners to cross-examine PW-7 Dhanwanti. 7. In view of the above, the instant criminal misc petition stands allowed. The impugned order dated 26.03.2025 passed by the Trial Court stands quashed and set-aside. The Trial Court is directed to summon the witness PW-7 on the (3 of 3) [CRLMP-6454/2025] next date and allow the petitioners to cross-examine the aforesaid witness. 8. If the petitioners fail to avail the aforesaid opportunity on the next date, no further opportunity shall be granted to the petitioners. The Trial Court would be at liberty to proceed further in the matter in accordance with law. 9. The stay application and all pending applications, if any, stand disposed of. (ANOOP KUMAR DHAND),J KuD/30