1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. Crl. Miscellaneous Petition No.468/2010 (Ajay Kumar Garg & Anr. Vs. State of Rajasthan & Anr.) Date of Order : 19.03.2010 HON'BLE MR. JUSTICE M.N. BHANDARI Mr.Gaurav Gupta, for the petitioners. Mr.Laxman Meena, PP. By the Court: By this miscellaneous petition, the order dated 23.02.2010 has been challenged. It is stated that while cross examination of PW-10 Dr.Deepak Panwar was going on, the petitioners moved an application under Section 91 of Cr.P.C., which was not accepted. The petitioners further made an application that he intend to challenge the order in the High Court, thus cross examination of Dr.Deepak Panwar may be deferred. The request so made was not accepted and accordingly, chance of cross examination to the aforesaid witness was closed. Looking to the aforesaid, it is prayed that only to the extent of giving chance to cross examination PW-10 Dr.Deepak Panwar, the order may be modified. Learned Public Prosecutor, on the other hand, opposed this petition. I have considered the submissions made by the learned counsel for the parties and perused the 2 impunged order herein. Perusal of the impugned order shows that petitioner's effort is only to delay the case and the Court below has rightly dealt with the matter. Looking to the facts and circumstances, the application moved under Section 91 of Cr.P.C. was properly dealt with so as the subsequent application. However, for the ends of justice, I deem it proper that petitioners may be given chance of cross examination of PW-10 Dr. Deepak Panwar, though who has already been declared hostile. In view of aforesaid, the impugned order is modified. The Court below is directed to summon PW-10 Dr.Deepak Panwar for his cross examination. If petitioners fail to cross examine PW-10 Dr. Deepak Panwar on first available date, then chance of cross examination may be closed then and there. With the aforesaid direction, the miscellaneous petition is disposed of. (M.N. BHANDARI),J. Preety Item NO.31