Champa Devi (Smt.) vs Rajendra Kumar Pahadiya

Bhanwaroo Khan, J.—This Criminal Misc. Petition u/s 482 Cr.P.C. has been filed against the order dt. 04.11.2008 passed by Additional Chief Judicial Magistrate No. 11, Jaipur City, Jaipur rejecting application of the accused petitioner filed u/s 311 Cr.P.C. to recall the complainant for cross-examination observing that despite five adjournments having been granted to the petitioner, he failed to cross examine the complainant. Against this order, the petitioner filed a revision before the revisional Court i.e. learned Additional Sessions Judge (Fast Track) No. 1, Jaipur City, Jaipur and the learned revisional Court dismissed the revision petition filed by the petitioner by order dt. 28.11.2008.

Heard learned Counsel for the petitioner and learned P.P.

There is no dispute about the factual aspects of the matter but since the matter relates for a criminal offence and on 19.08.2008 the complainant himself was not present for cross-examine for which an adjournment was granted on the cost of Rs. 500/-. It is true that three adjournments were given to the accused petitioner and the opportunities were not availed of but on the last date of hearing without waiting for the learned Counsel for the petitioner, cross-examination was closed.

In the facts and circumstances of the case and in the interest of justice this misc. petition is allowed. The impugned orders dt. 04.11.2008 and 28.11.2008 passed by the Courts below are hereby, quashed and set aside and one opportunity is given to the counsel for the accused petitioner to cross examine the complainant but on cost of Rs. 2,000/- to be deposited by the petitioner in the trial Court before the next date.

It is stated by the learned Counsel for the petitioner that in the trial Court the case is fixed on 23.01.2009 and on this date, counsel for the accused petitioner is ready to cross-examine the complainant if the complainant is present in the Court.

Learned P.P. is directed to convey to the trial Court that on the next date fixed in the case, the complainant should remain present in the Court and if the accused-petitioner fails to cross-examine the complainant on the next date fixed in the case then no further opportunity will be provided to him.