Hemant Sharma vs State Of Rajasthan
2022 Latest Caselaw 10679 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 4670/2022

Hemant Sharma S/o Late Shri Shobha Lal Sharma, Aged About 41 Years, R/o 15 C Second Floor Peepli Circle University Road Dist. Udaipur

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Mukesh Dangi S/o Nawalram Dangi, R/o Lakadvas (Sejo Ki Bhagal) Tehsil Girwa Dist. Udaipur

----Respondents

For Petitioner(s) : Mr. Avin Chhangani For Respondent(s) : Mr. Mohd. Javed Gauri, PP

JUSTICE DINESH MEHTA

Order

18/08/2022

1. In order to satisfy the Court that the right to recall witness

pursuant to application under Section 311 of the Code of Criminal

Procedure, 1973, can be exercised even after closure of the

evidence, learned counsel for the petitioner relies upon Para No.31

and 32 of the recent judgment of Hon'ble the Supreme Court

rendered in the case of Varsha Garg Vs. The State of Madhya

Pradesh & Ors. Decided on 08.08.2022 in Criminal Appeal

No.1021/2022.

2. He further submits that the petitioner's application under

Section 311 of the Code was confined to confrontation of

complainant- Mukesh Dangi in relation to the agreement dated

17.04.2018, which was not available with the petitioner when the

complainant had appeared in witness box.

(2 of 2) [CRLMP-4670/2022]

3. Issue notice. Issue notice of stay application also, returnable

within six weeks.

4. Meanwhile, the petitioner shall pay a cost of Rs.5,000/- to

the complainant and produce a certified copy of the order instant

on the next date of hearing in the trial Court.

5. On receiving of certified copy of such order, the trial Court

shall issue a notice/precept to the complainant and allow the

petitioner to cross examine him which shall be confined to the

agreement to sell dated 17.04.2018.

6. In case, the complainant proposes to contest the present

case, he may refuse to accept the cost. In such event, further

proceedings in case No.3846/2017, pending before learned

Special Metropolitan Magistrate (N.I. Act) Cases NO.6, Udaipur

shall remain stayed.

7. Needless to observe, no further opportunity shall be granted

to the petitioner to pay the cost and to cross examine the

complainant once he appears in the witness box pursuant to order

instant.

(DINESH MEHTA),J 137-pooja/-

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