[2025:RJ-JP:10024] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1376/2025 Revadmal Jat Son Of Shri Bhura Ram Jat, Resident Of Panchayat Kanwarpura, Tehsil Amer, District Jaipur (Raj). ----Accused-Petitioner Versus Sub Division Officer, Tehsil Amer District Jaipur (Raj). ----Respondent For Petitioner(s) : Mr. Rahul Agarwal, Advocate For Respondent(s) : Mr. Naresh Gupta, Public Prosecutor HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 06/03/2025 Instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred by the accused-petitioner against the order dt.05.02.2025 passed by Court of Additional Chief Judicial Magistrate, No.2, Jaipur, in Criminal Case No.25/2021 (293/2022), whereby the application filed by the petitioner seeking opportunity to cross-examine Laxmikant Katara (PW-3) was dismissed. Submissions of learned counsel appearing for the petitioner are that during trial, the statement of Laxmikant Katara (PW-3) was recorded on 20.12.2024 & the opportunity for his cross-examination was deferred to 20.01.2025. On that day, the case was again adjourned for cross-examination. On 30.01.2025 Advocate for the complainant and Laxmikant Katara (PW-3) were present before ld. Trial Court but Advocate for the accused could not be present due to some personal reasons & another Advocate appeared on his behalf & sought time. The ld. Trial Court, in a causal manner, has closed the opportunity of cross- examination to Laxmikant Katara (PW-3). The petitioner filed an application before ld. Trial Court praying therein that again an [2025:RJ-JP:10024] (2 of 2) [CRLMP-1376/2025] opportunity may be given to cross-examine Laxmikant Katan (PW-3). The ld. Trial Court vide its order dt.05.02.2025 has dismissed the aforesaid application. Therefore, the petitioner may be given an opportunity to cross-examine Laxmikant Katara (PW-3). Learned Public Prosecutor for the State has opposed the submissions made herein-above. Heard. Perused. Perusal of the order dated 05.02.2025 reveals that the petitioner has already been afforded sufficient opportunities to cross examine Laxmikant Katara (PW-3) & the Court has already took cognizance against the petitioner. Looking to the facts of the present case & considering the submissions made at bar, this Court deems it just & proper to grant one more opportunity to the petitioner to cross-examine Laxmikant Katara (PW-3), subject to condition that the petitioner shall deposit a cost of Rs.10,000/- in the concerned District Legal Services Authority within a period of 15-days from the date of receipt of certified copy of this order. In case, the petitioner fails to deposit the aforesaid cost, the ld. Trial Court may proceed further in the matter without affording an opportunity of cross-examination to him. Consequently, the present petition stands disposed of. Pending application, if any, also stands disposed of. (VINOD KUMAR BHARWANI),J ASHOK/