Kishan S/O Sh. Ramsahay vs State Of Rajasthan
2021 Latest Caselaw 3225 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 1917/2021

Kishan S/o Sh. Ramsahay, R/o Sherpur, Police Station- Kotwali,
District - Sawai-Madhopur.
                                                                      ----Petitioner
                                       Versus
State Of Rajasthan, Through Public Prosecutor.
                                                                    ----Respondent

For Petitioner(s) : Mr. Atul Kumar Jain, Adv.

For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

28/07/2021

This Criminal Miscellaneous Petition has been filed

under Section 482 Cr.P.C. against the impugned order dated

22.02.2021 passed by the learned Judge, Special Court, Protection

of Children From Sexual Offence Act(POCSO), Sawaimadhopur,

whereby, application filed under Section 311 Cr. P. C. for seeking

permission for recalling the witness was rejected.

Learned counsel for the petitioner submits that the

petitioner has filed an application under Section 311 Cr.P.C. before

the learned trial Court for cross-examining the witness

PW-18 Subhash Mishra for call details. Learned counsel for the

petitioner further submits that the learned trial Court vide order

dated 22.02.2021 rejected the said application without giving any

cogent reasons. Learned counsel for the petitioner could not

cross-examine for call details and tower location etc. So, in the

interest of Justice, petition filed by the petitioner be allowed and

(2 of 2) [CRLMP-1917/2021]

the witness PW-18 Subhash Mishra should be called for

re-examination.

Learned counsel for the petitioner has relied upon the

judgment passed by the Hon'ble Supreme Court in Natasha

Singh Vs. CBI (State) reported in 2013 CRI.L.J.3346.

Learned Public Prosecutor has prayed to reject the

petition filed by the petitioner.

I have considered the arguments advanced by the

learned counsel for the petitioner as well as the learned Public

Prosecutor and perused the order of the learned trial Court.

Learned trial Court has rightly rejected the application

filed by the petitioner by giving cogent reasons. I do not consider

to allow the petition filed by the petitioner, so petition of the

petitioner is devoid of merit and liable to be rejected.

Therefore, this Criminal Miscellaneous Petition is

dismissed. Stay application also stands disposed of accordingly.

(NARENDRA SINGH DHADDHA),J

Gourav/55

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