Dilip Uttam Mohite vs Praveen Dave
2021 Latest Caselaw 6196 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 4880/2019

Dilip Uttam Mohite S/o Uttam Anandra Mohite, Aged About 43 Years, B/c Mohite, R/o, C/o Madhubala Bhati W/o Kamal Kishore Bhati, Plot No. 17, Khasra No. 189, Gayatri Nagar, Pal, Jodhpur, Rajasthan.

----Petitioner Versus Praveen Dave S/o Kailash Narayan Dave, Near Doctor House And Taparia Bera, Outside Chand Pole, Jodhpur, Rajasthan.

                                                                ----Respondent


For Petitioner(s)        :     Mr. Aishwarya Anand
For Respondent(s)        :     None present.



             HON'BLE MR. JUSTICE SANDEEP MEHTA

                                Judgment

02/03/2021

No one appears on behalf of the respondent despite service.

The instant criminal misc. petition under Section 482 Cr.P.C.

has been filed for assailing the order dated 05.08.2019 passed by

Special Metropolitan Magistrate (N.I. Act Cases) No.3, Jodhpur

Metro in Criminal Case No.191/2019 whereby the application filed

by the accused petitioner under Section 311 Cr.P.C. for recalling

the complainant so that he could be cross-examined was

dismissed.

Learned counsel Shri Aishwarya Anand makes a statement at

bar that the original case has not been finally decided till date and

is pending before the learned trial court.

Having heard and considered the submissions advanced by

counsel for the petitioner and in order to give one fair opportunity

(2 of 2) [CRLMP-4880/2019]

of defence to the accused, the impugned order dated 05.08.2019

is set aside subject to the condition that the accused deposits cost

to the tune of Rs.2,000/- in the trial court. Upon the cost being

deposited, the trial court shall recall the complainant Praveen

Dave and provide one opportunity to the accused petitioner to

conduct cross-examination from him. It is made clear that no

further opportunity shall be granted to the accused for this

purpose. Cost, upon being deposited shall be appropriated in the

funds of the District Service Legal Authority.

The misc. petition is disposed of accordingly.

(SANDEEP MEHTA),J 97-Sudhir Asopa/-

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