CRLMP1169/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Criminal Misc. Petition No.1169/2010 Mookchand Vs. The State of Rajasthan through P.P. Date of Order ::: 01.11.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Kumud Singh, Counsel for petitioner Shri N.R. Saran, Public Prosecutor #### By the Court:- This petition under Section 482 Cr.P.C. has been filed by petitioner aggrieved with order dated 19.05.2010 of learned Additional Sessions Judge (Fast Track) Tonk, in Sessions Case No.80/2009, whereby learned trial court dismissed petitioner's application filed under Section 311 Cr.P.C. Petitioner is a prosecution witness in aforesaid Sessions Case. His statement was recorded as PW-1. It is alleged that he gave his court statement under pressure and terror of police, therefore, he moved the application for allowing him again to give statement without any pressure and threat. Contention of learned counsel for petitioner is that petitioner is a prosecution witness and he was pressurized and terrorized by police to give statement as per their choice otherwise he was threatened for his false CRLMP1169/2010 // 2 // implication in a criminal case and as such he gave the statement under threat and pressure of police. It is the petitioner himself who came forward to again give his statement in the case without any pressure and threat, therefore, learned trial court ought to have permitted him to do so. Learned Public Prosecutor opposed the petition. Having heard learned counsel for parties and perused the material on record, I am of the view that learned trial court has not committed any illegality in rejecting application of petitioner under Section 311 of the Cr.P.C. In case petitioner had any threat from police, he could have stated it before the trial court itself at the time of his appearance before it for recording statement. It appears that filing of said application is an afterthought of petitioner. Learned trial court has given detailed reasons which justify rejection of the application. I do not find any force in this petition. It is accordingly dismissed. (Mohammad Rafiq) J. //Jaiman//