[2025:RJ-JD:23614]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 3829/2025 Manish S/o Ramkumar, Aged About 30 Years, R/o Chak-13 Apd Police Station Ramsinghpur, District Sri Ganganagar.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Menavati W/o Manish, Aged About 32 Years, R/o Chak-5 Dwm. Birmana, Tehsil Suratgarh District Sri Ganganagar.

----Respondents For Petitioner(s) : Aashish Jakhar For Respondent(s) : Mr. Narendra Singh, PP HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

15/05/2025

1. By way of filing the present criminal misc. petition under Section 528 BNSS, the petitioner has prayed for the following reliefs:-

“It is, therefore, most humbly and respectfully prayed that this Criminal Misc. Petition may kindly be allowed and the impugned order dt. 17.02.2025 passed by Magistrate Village Court Anoopgarh, Raj. In Criminal Case No. 100A/2023 (Menavati Vs Manish) CIS No. 228/2023 May Kindly be quashed and set-aside. Grant one final opportunity to the Petitioner to lead defence evidence, subject to appropriate conditions;

Any other appropriate relief, which this Hon'ble Court deems just and proper in favour of the petitioner, may kindly be passed.”

2. Learned counsel for the petitioner submitted that principles of fair play demands that the petitioner should be granted one opportunity to produce the defense witnesses before the learned trial Court. He submitted that the default made by the petitioner in the present case can be cured and compensated by way of imposing cost upon him but for the reasons indicated in the impugned order, he may not be deprived from getting justice and providing him adequate opportunity to defend himself.

3. Heard learned counsel for the petitioner and perused the material available on record.

4. A perusal of the impugned order indicates that sufficient opportunity was granted to the petitioner to produce the defense witness but the same was not encash by him. This Court, therefore, find no jurisdictional error in the impugned order. However, keeping in view the principles of fair play and in the interest of justice, this Court is of the view that the petitioner may be granted one last opportunity to produce defense witness/witnesses before the learned trial Court on the next date of hearing subject to his paying cost of Rs.5,000/- to the respondent No.2- Menavati.

5. Accordingly, the instant criminal misc. petition is allowed. The impugned order dated 17.02.2025 is quashed and set aside, the petitioner is granted one last opportunity to produce the defense witness/witnesses before the learned trial Court on the next date of hearing subject to his paying cost of Rs.5,000/- to the respondent No.2- Menavati. It is made clear that no further opportunities would be granted to the petitioner, if the petitioner fails to produce the defense witness/witnesses on the next date of hearing before the learned trial Court, then learned trial Court shall be free to proceed in the matter in accordance with law.

6. With the aforesaid direction, the instant criminal misc. petition is disposed of and all the pending applications are disposed of.

(KULDEEP MATHUR),J

5-himanshu/-