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ARUN MONGA
Prakash Chandra Soni S/o Lt. Sh. Ram Vilas Soni – Appellant
Versus
State of Rajasthan, through P. P. – Respondent
ORDER :
ARUN MONGA, J.
1. The grievance of the petitioner herein is against an order dated 27.07.2023 passed by the learned Special Judge (Prevention of Corruption Act Cases) No.2, Jodhpur, in Sessions Case No.4/2021,, vide which, an application filed by the petitioner under Section 311 of Cr.P.C. to recall/re-summon a witness i.e. Ghanshyam Soni (PW/15), was dismissed.
2. Relevant facts of the case leading to filing the application under Section 311 ibid are as follows:
2.1 That an FIR bearing No.73/2010 was registered against Rajendra Sishodiya and others for the alleged offences punishable under Sections 7, 13(1) (d) of Prevention of Corruption Act, 1988, and 120-B of IPC at Police Station Anti Corruption Bureau, CPS, Jaipur on 06.04.2024. After filing of charge-sheet, learned trial court framed charges against the accused persons and the trial is going on.
2.1 The examination-in-chief of PW/15, Ghanshyam Soni, started on 27.11.2017 and concluded on 13.02.2019. Thereafter, the cross-examination of the said witness began on 19.11.2022. On the said date, cross-examination could not be completed as counsel for the petitioner was busy in an other court. However, the cross-examination was
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