Mahendra Kalla Son Of Shri ... vs Union Of India
2023 Latest Caselaw 3764 Raj/2

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No.
                            7942/2021

Mahendra        Kalla     Son      Of    Shri      Janardan      Kalla,
Resident Of Kalla Street, Daga Chowk, Bikaner.
                                                         ----Petitioner
                                Versus
Union Of India, Through Smt. Devangi Swrankar,
Assistant Income Tax Commissioner, Central Circle-
1, Room No. N.a 103, Nav Kendriya Rajasthan
Bhawan, Statute Cirlce, Jaipur.
                                                     ----Respondent

For Petitioner(s) : Mr. Harendra Singh, Adv.

HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order

18/08/2023

By way of this Criminal Miscellaneous Petition,

petitioner wants to challenge the order dated

16.05.2019 passed by the learned Chief Metropolitan

Magistrate, Economic Offences, Jaipur

Metropolitancity (for short "learned trial Court") in

which application filed by the petitioner under

Section 311 Cr.P.C. for cross-examining PW-1 Neena

Nigam for evidence was rejected.

Learned counsel for the petitioner submits due

to unavoidable reasons, advocate of the petitioner

could not appear before the learned trial Court on

10.04.2019 and learned trial Court has recorded the

(2 of 2) [CRLMP-7942/2021]

statement of Neena Nigam (PW-1) but cross-

examination of the petitioner was closed. After that,

petitioner has filed an application under Section 311

Cr.P.C. but learned trial Court wrongly rejected the

application filed by the petitioner vide order dated

16.05.2019. Learned counsel for the petitioner

further submits that in the interest of Justice, one

chance may be given for cross-examination of

witness-Neena Nigam (PW-1).

I have considered the arguments advanced by

learned counsel for the petitioner and perused the

impugned order. In the interest of Justice, I am

inclined to grant one more chance to the petitioner

for cross-examination of Neena Nigam (PW-1) on

cost.

Therefore, this Criminal Miscellaneous Petition

filed by the petitioner is allowed and the learned trial

Court is directed to give one chance to the petitioner

for cross-examining Neena Nigam(PW-1) on the cost

of Rs.1,000/-.

Stay application also stands disposed of

accordingly.

(UMA SHANKER VYAS),J

DANISH USMANI /424

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