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ANIL KUMAR UPMAN
Rohit Kumar Verma – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
ANIL KUMAR UPMAN, J.:— The petitioner has filed this criminal misc. petition under Section 482 Cr. P.C. challenging the order dated 10.11.2022 passed by learned Addl. Sessions Judge No. 2, Jaipur Metro II (hereinafter referred to as ‘the revisional court’) in Criminal Revision No. 60/2022 (662/2022) whereby the learned revisional court allowed the revision preferred by the petitioner subject to cost of Rs. 10,000/- which is to be deposited with District Legal Services Authority, Jaipur and with a direction to pay Rs. 20,000/- to the complainant before the next date fixed in the trial.
2. The petitioner is facing trial in a criminal case No. 2757/2015 filed under Sec. 138 of the N.I. Act before the court of learned Special Metropolitan Magistrate (N.I. Act Cases) No. 6 Jaipur Metro II wherein his right to cross- examine Smt. Kesar Devi, wife of the complainant has been closed by the learned trial court. On 01.08.2022, the accused petitioner moved an application for reopening his right to cross-examine Smt Kesar Devi. The learned trial court vide order dated 07.09.2022 dismissed the application of the petitioner and posted the matter for statement of accused. Being aggriev
Right to cross-examination is essential in criminal proceedings, and denial without consideration of circumstances is unjust.
The court upheld the dismissal of a petition for failing to cross-examine the complainant, emphasizing the importance of compliance with court orders and procedural timelines.
The main legal point established in the judgment is that a petitioner must avail the opportunities given by the court, and a mere change of counsel does not suffice as a reason for not cross-examinin....
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