Dharmendra vs State Of Rajasthan
2022 Latest Caselaw 14803 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1475/2022

Dharmendra S/o Shobha Nath, Aged About 29 Years, R/o 06 Deen Dayal Saidpur Gajipur, Uttar Pradesh.

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Jitendra Ojha For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

16/12/2022

The matter comes up on an application under Section 5 of the Limitation Act has been filed by the learned counsel for the appellant for condoning the delay of 19 days' in filing Criminal revision petition.

For the reasons mentioned in the application, the same is allowed, the delay of 19 days' in filing Criminal revision petition is hereby condoned.

The matter is taken up today itself. By way of filing the instant revision petition challenge has been made to the order dated 05.08.2022 passed by learned Special Judge, POCSO Act Cases No.1, Pali in Sessions Case No.33/2020 whereby the application under Section 311 Cr.P.C. preferred on behalf of the petitioner for recalling the witnesses for cross-examination was dismissed.

In view of the Judgment passed by Hon'ble the Supreme Court in the Case of Sethuraman vs. Rajamanickam (2009) 5 SCC 153 the revision petition does not lie against an order passed under Sections 91 & 311 Cr.P.C.

Accordingly, the revision petition is dismissed. However, learned counsel for the petitioner would be at liberty to take the

(2 of 2) [CRLR-1475/2022]

certified copy of the order impugned dated 05.08.2022 passed by learned Special Judge, POCSO Act Cases No.1, Pali in Sessions Case No.33/2020 upon furnishing legible xerox copy on record.

(FARJAND ALI),J 161-Anshul/-

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