Somratan Arya Son Of Late Aacharya ... vs State Of Rajasthan
2022 Latest Caselaw 2315 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 2016/2022

Somratan Arya Son Of Late Aacharya Bhadrasen, Aged About 67
Years, Resident Of 413, Florance Apartment, Kotda, Ajmer.
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.p.
                                                                ----Respondent

For Petitioner(s) : Mr. Brahma Nand Sandu, Adv.

Mr. Parth Sarthi Sandu, Adv.

For Respondent(s) : Mr. Mangal Singh Saini, PP Mr. Krishan Gopal Khatri, Adv.

through VC

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

14/03/2022

By way of this criminal miscellaneous petition, petitioner

wants to challenge the order dated 09.02.2022 in which learned

Special Judge, POCSO Court No.2, Ajmer in case No.97/2019 titled

as State Vs. Somratan Arya has closed the remaining defense

witnesses of the petitioner.

Learned counsel for the petitioner submits that learned trial

court has wrongly closed the remaining defense witnesses of the

petitioner. So, in the interest of justice, one more chance be given

to the petitioner for remaining defence witnesses.

Learned counsel for the petitioner has placed reliance upon

the judgment of Hon'ble Supreme Court in Selvi J. Jayalalitha

Vs. State By Deputy Supdt. Of Police Chennai reported in

(2000) 9 SCC 754.

(2 of 2) [CRLMP-2016/2022]

Learned Public Prosecutor as well as learned counsel for the

respondent have opposed the arguments advanced by learned

counsel for the petitioner and submitted that learned trial court

rightly closed the remaining defense witnesses of the petitioner.

So, the petition be dismissed.

I have considered the arguments advanced by learned

counsel for the petitioner as well as learned counsel for the

respondent and learned Public Prosecutor.

In the interest of justice, I deem it fit to allow the petition

filed by the petitioner.

Petition filed by the petitioner is allowed and learned trial

court is directed to give one more chance to the petitioner for his

remaining defense witnesses.

Stay application also stands disposed of.

(NARENDRA SINGH DHADDHA),J

Gourav/50

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