1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR. JUDGMENT Banwari Lal & Anr. Vs. State of Rajasthan & Ors. (S.B. Criminal Misc. Petition No.1148/2009) S.B. Criminal Misc. Petition Under Section 482 Cr.P.C. Date of Judgment: November 09, 2010 PRESENT HON'BLE MR. JUSTICE R.S. CHAUHAN Mr.Atul Saxena, for the petitioners. Mr.N.R. Saran, Public Prosecutor. Mr.Rakesh Chaturvedi, for the respondents. BY THE COURT: Aggrieved by the order dated 20.5.2009, passed by the Additional Session Judge (Fast Track), Bandikui, Head-Quarter, Dausa, Camp Lalsot, whereby the learned Judge has upheld the order dated 23.09.2008, passed by the Sub-divisional Officer, Lalsot, by which he had closed the evidence of the petitioners, the petitioners have approached this Court. Mr. Atul Saxena, the learned counsel for the petitioners, has contended that on various occasions the evidence of the petitioners' witnesses could not be recorded for not fault of their own. Therefore, the learned SDO was not justified in closing their evidence. He has vehemently pleaded that last opportunity should be granted to the petitioners to produce their evidence. 2 On the other hand, Mr. Rakesh Chaturvedi, the learned counsel for respondent Nos.2 to 7, has no objection if such an opportunity were to be granted to the petitioners. Although today this case is listed on an application for vacating of the stay order passed by this Court, but with the consent of both the learned counsel for the parties, this case is being decided at this stage. Every citizen has the right to defend his interest. The right should not be disturbed lightly. Considering the fact that the petitioners are seeking a last chance to produce their witnesses, the said chance should be given to them so that they can substantiate their case. Therefore, this Court is of the opinion that last opportunity should be given to the petitioners to produce their witnesses before the trial court. Therefore, this Court, while quashing and setting aside the order dated 20.05.2009, directs the petitioners to produce their witnesses in the first week of December, 2010 before the trial court. A copy of this order shall be sent to the concerned court with the direction that the case should be expedited as soon as possible. With these directions, this petition is, hereby, allowed. (R.S. CHAUHAN) J. Manoj solanki