[1 ] Crim. Misc. Pet. 1434/2009 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 1434/2009 TRAPTI VYAS Vs. M/s SHREE GOMTI GRANI MARMO (P) LTD. & ANR. Date: 24.08.2009 HON'BLE MR. JUSTICE K.S. RATHORE Mr. Jitendra Mitruka, Advocate for the petitioner. Mr. Sanjeev Mehla, Public Prosecutor for the State. Mr. Yuvraj Sharma, Advocate for respondent No.1. **** The present criminal misc. petition under 482 Cr.P.C. has been preferred against the order dated 23.06.2009 passed by the Additional District & Sessions Judge (Fast Track) No.5, Jaipur City, Jaipur in Criminal Revision No. 131/2009(768/2009), by which the Revisional Court has upheld the order dated 05.06.2009 passed by the Civil Judge (Sr. Division) & Additional Chief Judicial Magistrate No.9, Jaipur City, Jaipur in Case No. 1874/2008 (1068/2007), whereby the application filed by the petitioner under Section 311 Cr.P.C. has been rejected. I have heard rival submissions of the respective parties and carefully gone through the orders impugned dated 05.06.2009 and 23.06.2009 passed by the trial Court and the Revisional Court respectively. Upon careful perusal of the impugned [2 ] Crim. Misc. Pet. 1434/2009 orders, it appears that despite ample opportunities provided to the petitioner, she has not cross examined the non-petitioner, even an opportunity was provided on furnishing the cost of Rs. 1,000/-, but the same was not availed by the petitioner. On 14.05.2009, the petitioner was supposed to cross examine the non-petitioner, but she failed to do so and has submitted an application for seeking exemption from personal appearance before the Court on account of death of her father-in-law on 11.05.2009. Although opportunity was provided to the petitioner and she failed to avail the same, but in the interest of justice, this Court deem it proper to provide one more opportunity to the petitioner to cross examine the non-petitioner. It has been informed by both the Counsel appearing on behalf of the respective parties, that the next date in the matter, fixed by the trial Court, is 28.08.2009 for examination of the witnesses. The petitioner is given liberty to cross examine the non-petitioner on the next date i.e. 28.08.2009 itself and non-petitioner Prahlad Kumar Sharma is also directed to remain present in the Court on 28.08.2009. If the petitioner failed to cross examine the non-petitioner on 28.08.2009, the orders passed by the trial Court and the Revisional Court shall remain in force. In view of the observations made herein [3 ] Crim. Misc. Pet. 1434/2009 above, the misc. petition stands disposed of. Interim order granted by this Court on 04.08.2009 stands vacated. The stay application also stands dismissed. (K.S. RATHORE),J. /KKC/