HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 4299/2022

Rajkumar Godra S/o Shri Ramkishore Godra aged about 43

years, R/o House No.52, Avadhpuri, Near Mahesh Nagar, Jaipur.

----Petitioner

Versus

1. State Of Rajasthan through PP

2. Jugal Kishore Khajotiya S/o Shri Bhomaram, R/o House

No.2610, Chokdi Hajuri Topkhana, Kothi Maliyan, Ramganj Bazar,

Jaipur.

----Respondent

For Petitioner(s)

:

Mr. Martand Pratap Singh

For Respondent(s)

:

Mr. Chandragupt Chopra, PP

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

21/07/2022

The petitioner, who is an accused in Criminal Case

No.1211/2018 filed a petition under Section 311 Cr.P.C. for

summoning witness Lekhraj for deposition in the case.

The prayer was refused by the impugned order dated

20.04.2022 on the ground that the prayer was just to delay the

disposal of the trial because prosecution evidence was already

closed and case was running for statement of the accused-persons

under Section 313 Cr.P.C.

The aforesaid cannot be a ground to refuse the prayer.

However, considering the stage of the trial, it is directed that after

recording of the statement of the accused, if the petitioner wants

to examine Lekhraj as defence witness, he shall make prayer

before the Court below, who shall pass necessary order without

being prejudice by the order dated 20.04.2022.

(2 of 2)

[CRLMP-4299/2022]

With the aforesaid, petition stands disposed of.

Pending application, if any, also stands disposed of.

(BIRENDRA KUMAR),J

Sunita/86