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FARJAND ALI
Subhash Jhanwar – Appellant
Versus
Arvind Nuwal – Respondent
ORDER :
Farjand Ali, J.
These instant Misc. Petitions under Sections 482 Cr.PC. have been filed order dated 04.09.2019 passed by the learned Special Judicial Magistrate, NI Act Cases No.2, Bhilwara in Criminal Regular Case Nos.398/2012, 854/2012 and 1485/2012 whereby the prayer for recalling the complainant for cross examination has been rejected as well as against the order dated 08.02.2023 passed by the learned Sessions Judge, Bhilwara in Criminal Revision Nos.32/2023, 33/2023 and 34/2023 whereby the revision filed by the petitioner has been dismissed.
2. The said orders are under challenge before this Court by way of filing these Misc. Petitions. Since subject matter of all the three cases as well as the parties and the question of law involved in the matter is the same, therefore, by the consent of the parties, all the matters are being heard and decided together by this common order at the admission stage itself.
3. Heard learned counsel for the petitioner as well as learned Public Prosecutor and Mr. Usman Ghani, learned counsel who puts in appearance for the respondent-complainant. Perused the material available on record.
4. Bereft of elaborate details briefly stated the facts ne
The right to cross-examine is fundamental to a fair trial, and despite previous adjournments, one last opportunity should be granted to the accused to defend himself, subject to costs.
Right to cross-examination is essential in criminal proceedings, and denial without consideration of circumstances is unjust.
The right to cross-examine can be forfeited through negligence, and courts may reject applications to recall such rights if the accused fails to act timely.
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 doctrine of res judicata applies in criminal proceedings, preventing successive applications for the same relief after a final order.
The court held that a party's negligence in utilizing opportunities for cross-examination justifies the dismissal of subsequent applications for such opportunities.
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