[2025:RJ-JP:8876] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. (Petition) No. 923/2025 Ramveer Son of Rooparam, Resident of Nandanpur Police Station, Nandanpur District Dholpur (Rajasthan) ----Petitioner Versus State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Dinesh Kumar Garg For Respondent(s) : Mr. Amit Punia, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 28/02/2025 1. This criminal misc. petition under Section 528 of BNSS has been filed by the petitioner with a challenge to order dated 15.01.2025 passed by the Additional District & Sessions Judge, Bari, District Dholpur in Regular Criminal Case No.280/2013 whereby, the application filed by the petitioner under Section 315 Cr.P.C. was dismissed and so also the order dated 28.01.2025 passed by the learned Additional District & Sessions Judge, Bari (Dholpur) in Criminal Revision No.01/2025 by which the same was dismissed and the order dated 15.01.2025 passed by the learned trial Court was confirmed. 2. Learned counsel for the petitioner submits that the recording of the prosecution evidence was completed on 04.12.2024 and thereafter the matter was fixed for recording of the statement of the co-accused under Section 313 Cr.P.C. The petitioner has submitted certain documents on 06.12.2024 in Form No. 3 as [2025:RJ-JP:8876] (2 of 3) [CRLMP-923/2025] defence evidence and by filing the application dated 07.01.2025 under Section 315 Cr.P.C. has prayed for allowing himself to be examiner defence witness. 3. The learned Court below without providing appropriate/proper opportunity to the petitioner, dismissed the application merely on the ground that the document which has been submitted by the petitioner in defence evidence is an old document and there is no explanation by the petitioner for delay in submitting the same. 4. Learned Public Prosecutor on the other hand opposes the application. 5. Considered the submissions made by counsel for the petitioner as well as the learned Public Prosecutor and also perused the impugned orders dated 15.01.2025 and 28.01.2025. 6. As per the order dated 15.01.2025, the recording of prosecution evidence was completed on 04.12.2024 and thereafter, the matter was fixed for recording the statement of the accused-petitioner under Section 313 Cr.P.C. 7. The petitioner on the very next day of the closure of the prosecution evidence submitted certain documents in defence in the prescribed Form No. 3 and thereafter defence witness- Devi Charan was examined. Soon thereafter the petitioner has moved an application on 07.01.2025 for allowing his appearance as a defence witness. The learned Court below has dismissed the application on the ground of delay. The prosecution evidence was closed on 04.12.2024 and thereafter on 05.12.2024 the accused- petitioner has submitted documents in defence evidence and moved an application dated 07.01.2025 for allowing his [2025:RJ-JP:8876] (3 of 3) [CRLMP-923/2025] appearance as defence witness, in such circumstances it cannot be said that the application has been filed after a delay. 8. Hence, in the interest of justice, this Court deems just and proper to extend an opportunity to the accused-petitioner to appear as a defence witness. 9. Accordingly, this criminal misc. petition is allowed and the order dated 15.01.2025 passed by the Court of learned Additional Chief Judicial Magistrate No.2, Bari, District Dholpur and the order dated 28.01.2025 passed by the learned Additional District & Sessions Judge, Bari, Dholpur are hereby quashed and set aside and the application filed by the accused-petitioner under Section 315 Cr.P.C. stands allowed. 10. The learned trial Court is directed to allow an opportunity to the accused-petitioner to appear before the learned trial Court as a defence witness. 11. Since the main petition is allowed, the stay application as well as pending application, if any, also stands disposed of. (GANESH RAM MEENA),J DIVYA SAINI /8