[2025:RJ-JP:5025] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 669/2025 Smt. Sita Devi W/o Shri Ramesh Chand Saini, R/o Plot No. 1222, T Planner Colony, Near Illahabad Bank, Hathoj, Kalwar Road, Jothwara, District Jaipur, Rajasthan Presently Risiding At Plot No. 1, T Planner Colony, Near Illahabad Bank, Hathoj, Kalwar Road Jothwara, District Jaipur, Rajasthan. ----Accused-Petitioner Versus 1. State of Rajasthan, Through Public Prosecutor. 2. Ramesh Chand Yadav S/o Shri Prabhati Lal Yadav, R/o Plot No. 91, Balaji Vihar-4, Motno Ki Dhani, Govindpuri, Kalwar Road, Jothwara, District Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Himanshu Singh Chauhan, Advocate For Respondent(s) : Mr. Onkar Singh Rajpurohit, P.P. HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 05/02/2025 : Instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred on behalf of the accused- petitioner against the order dated 09.10.2024 passed by the Court of learned Special Metropolitan Magistrate (N.I. Act Case) No.6 Jaipur Metropolitan-I, whereby an application filed under Section 311 of Cr.P.C. & 348 of B.N.S.S., 2023, was dismissed. Submissions of learned counsel appearing for the petitioner are that after examination-in-chief on 07.12.2024, an adjournment was sought by the petitioner for the cross-examination of the complainant. The matter was posted for cross-examination on 21.03.2024. Later on, on several occasions also, the matter was posted for cross examination of complainant but due to ill-heath of the Advocate for the petitioner, [2025:RJ-JP:5025] (2 of 2) [CRLMP-669/2025] the complainant could not be cross-examined. Therefore, the petitioner may be given an opportunity to cross-examine the complainant. Learned Public Prosecutor for the State has opposed the submissions made herein-above. Heard. Perused. Perusal of the order dated 09.10.2024 reveals that the opportunity for cross-examination was afforded to the petitioner after completion of examination-in-chief on 07.12.2024. Thereafter, sufficient opportunities were granted to the petitioner to cross-examine the complainant. On 31.05.2024 the last opportunity for cross-examination was given to the petitioner and the matter was posted to 16.07.2024. Even on 16.07.2024 when the petitioner did not cross-examine the complainant, the cross-examination of the complainant was closed on 16.07.2024. From the aforesaid discussions, it is clear that the petitioner has already been afforded sufficient opportunities to cross examine the complainant. The Court has already took cognizance on 26.11.2019 against the petitioner. Looking to the facts of the present case & considering the submissions made at bar, in my considered opinion, the ld. Trial Court has not committed any error in dismissing the application filed by the petitioner. No interference is called for. Consequently, the present petition is dismissed. (VINOD KUMAR BHARWANI),J. Ashok-SAURABH /29