SBCRLMP No.1758/09. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CRIMINAL MISC.PETITION NO.1758/2009. Rajendra Kumar Vs. State of Rajasthan Date of order : 2/11/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Rajendra Prasad for petitioner. Shri Peeyush Kumar, Public Prosecutor for State. ****** BY THE COURT:- The instant criminal misc.petition under Section 482 Cr.P.C. has been filed challenging the order passed by the trial court dated 10/8/2009 by which, application filed by the accused-petitioner u/S.311 Cr.P.C. has been rejected. In that application, accused-petitioner has prayed that his witness PW11 Samai Deen Khan should be recalled for the purpose of cross-examination as on the date when he was called for cross-examination, his counsel was engaged in other matter and could not timely reach and by the time he came in post-lunch session, statement of PW11 was already recorded and statement of PW10 Dr.Vivek Kumar was already recorded in pre-lunch session. Learned Public Prosecutor has opposed the petition and submitted that since the counsel was available in the pre-lunch session, it cannot be said that opportunity of cross-examination of PW11 could SBCRLMP No.1758/09. 2 not be made available to the petitioner. Having regard to the fact that PW11 is investigating agency and was made witnesses in prosecution case and the defence of the case would be jeopardized if he is not allowed to cross-examination, I deem it appropriate to grant one more opportunity to the accused-petitioner in the interest of justice. In the result, this petition is allowed. Order dated 10/8/2009 passed by the court of learned Additional District and Sessions Judge (Fast Track) Chomu, District Jaipur in Sessions Case No.15/2008 is quashed and set-aside. Accused-petitioner is allowed to cross—examine PW11 Samai Deen Khan. However, it is made clear that in case petitioner or any of his counsel remain absent or fail to cross-examine PW11 Samai Deen Khan on the date fixed by the trial court, his right of cross-examination of the said witness would be forfeited. (MOHAMMAD RAFIQ), J. anil SBCRLMP No.1758/09. 3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CRIMINAL MISC.STAY APPLICATION NO.1497/2009. in S.B. CRIMINAL MISC.PETITION NO.1758/2009. Rajendra Kumar Vs. State of Rajasthan Date of order : 2/11/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Rajendra Prasad for applicant-petitioner. Shri Peeyush Kumar, Public Prosecutor for State. ****** BY THE COURT:- Consequent upon disposal of the main petition, this stay application does not survive and the same is accordingly dismissed. (MOHAMMAD RAFIQ), J. anil