[2026:RJ-JP:10513] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 8277/2025 Babutram @ Bhabhutram S/o Ramsukhram, Aged About 26 Years, R/o Vinayakpura Bhawad, Police Station Karvad, Districtjodhpur (Raj.) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Majhar Hussain with Ms. Soniya Saini For Respondent(s) : Mr. M.S. Shekhawat, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 12/03/2026 1. By way of instant Criminal Misc. Petition under Section 528 of BNSS, the petitioner has challenged the order dated 16.10.2025 passed by learned Additional District & Sessions Judge, Nasirabad, District Ajmer in Regular Criminal Case No.1/2022 whereby, learned trial Court dismissed the application under Section 311 of Cr.P.C. filed by petitioner for recalling the four prosecution witnesses namely Badruddin (PW-2), Mohanlal (PW-3), Babulal (PW-4) & Sanjeev Kumar (PW-5) for their cross-examination. 2. Learned counsel for the petitioner submits that next date before the learned trial Court is 17.03.2026 for recording the evidence of prosecution witnesses. Counsel submits that on account of absence of counsel, no cross-examination was done on behalf of the petitioner. He submits that petitioner is facing criminal trial for the offence punishable under Section 8/15 of the NDPS Act and cross-examination of the aforesaid witnesses is a valuable right of [2026:RJ-JP:10513] (2 of 2) [CRLMP-8277/2025] the petitioner and in absence of such right, his defence would be affected adversely. In these circumstances, counsel prays that in the interest of justice, the petitioner may be given one last opportunity to cross-examine the aforesaid four witnesses. 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 aforesaid witnesses in one chance. 5. Accordingly, the instant Criminal Misc. petition is allowed and the impugned order dated 16.10.2025 is hereby quashed and set aside. The petitioner is granted one last opportunity to cross- examine the aforesaid four witnesses in one chance before the learned trial Court. The trial Court shall fix a date in the matter for the purpose of cross-examination of the aforesaid four witnesses by the petitioner and shall summon the said witnesses accordingly. 6. It is made clear that only one opportunity shall be given to the petitioner for the purpose of cross-examination of the aforesaid four witnesses in one chance. In case, the petitioner fails to complete the cross-examination in one chance, as directed above, the present order shall lose its efficacy. It is also made clear that the cross- examination shall be conducted only in the presence of the accused- petitioner. 7. Stay Application and pending application, if any, stand disposed of. (ANIL KUMAR UPMAN),J GAUTAM JAIN /76