RAJESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. is directed against the impugned order dated 21.9.02, whereby learned Additional Sessions Judge, Shahpura, affirmed, the order dated 26.02.2002, by which Judicial Magistrate, Shahpura dismissed application under Section 311 Cr.RC. filed by the accused petitioner. Criminal Case No. 63/97, for offences under Sections 384 and 201 IPC is pending. An application on behalf of the accused petitioner under Section 311 Cr.RC. was moved on 15.2.2001 with a prayer that PW. 1 Sudha Sharma, P.W. 2 Adarsh Devi and RW. 3 Shri Kailash should be summoned for cross-examination as on 20.10.2000, the date on which their statements were recorded,counsel for the accused petitioner was busy in some other Court and application to that effect was filed on 20.10.2000 also. This application was dismissed on 26.2.2002. I have gone through this order. The learned Magistrate did not assign any reason for rejection of this application. Criminal Revision No. 25/2002 was also dismissed vide impugned order as stated here-in-above.

(2.) Learned counsel for the accused petitioner contended that defence counsel was busy in other case hence he could not cross-examine and one opportunity may be allowed on payment of expenses of the witnesses. Learned Public Prosecutor supported the impugned orders.

(3.) I have considered the submissions. Keeping in view the entire facts and circumstances of this case, one last opportunity is granted to the accused petitioner for cross-examination of these three witnesses on the date fixed by the trial court subject to payment of the expenses of these witnesses as