HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 2887/2021

Pushpa Mali W/o Shri Chandradev Sankhla, Aged About 51

Years, Resident Of Masuda Road Mangaj Mohalla, Present

Address Is Delwara Road Beawar Ajmer (Rajasthan).

----Petitioner-Complainant

Versus

1. State Of Rajasthan, Through P.p.

2. Punaram @ Poonam Chand S/o Gokalram R/o Nayagaon

Daulatpura Balaiyan PS Beawar, Sadar, Distt. Ajmer.

----Respondents

For Petitioner(s)

:

Mr. Manish Gupta

For Respondent(s)

:

Mr. Riyasat Ali, PP

Mr. Kapil Gupta

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

29/03/2022

Matter comes up on an application (I.A. No.1/2021) u/s 482

Cr.P.C. filed on behalf of the complainant for recalling the

witnesses for examination.

For the reasons stated in the application, the same is allowed

and the amended cause title is taken on record.

This criminal misc. petition u/s 482 Cr.P.C. has been filed by

the petitioner-complainant against the orders dt.5.3.2021 and

6.4.2021 passed by learned court below in Criminal Case

No.654/2004 whereby the learned court below rejected the

application u/s 311 Cr.P.C. filed on behalf of the complainant for

recalling the witnesses for examination.

(2 of 2)

[CRLMP-2887/2021]

Learned counsel for the petitioner-complainant submits that

learned Public Prosecutor has filed an application before the trial

court u/s 311 Cr.P.C. to recall the witnesses No.8, 12, 29 to 31 for

recording the evidence. Learned trial court has wrongly rejected

the application. Learned counsel for the petitioner-complainant

also submits that in the interest of justice, the application filed by

learned Public Prosecutor be allowed and trial court be directed to

summon the witnesses for recording the evidence.

Learned counsel for the respondent has opposed the

arguments advanced by learned counsel for the petitioner-

complainant and submits that order passed by the trial court was

challenged by learned Public Prosecutor in revision petition and

that revision was dismissed by learned Additional Sessions Judge

No.1, Beawar, District Ajmer vide order dt. 22.10.2021. So,

present petition is not maintinable.

I have considered the arguments advanced by learned

counsel for the petitioner-complainant, learned Public Prosecutor

and learned counsel for the respondent.

In the interest of justice, I deem it proper to set aside the

order of the trial court by which the trial court dismissed the

application filed by learned Public Prosecutor u/s 311 Cr.P.C.

Learned trial court is directed to give two opportunities for

producing witnesses No.8, 12, 29 to 31 by the learned Public

Prosecutor on his behalf.

The petition stands allowed.

(NARENDRA SINGH DHADDHA),J

Brijesh 35.