- (1.) By way of this petition filed Under Section 482 of Cr.P.C, the petitioner has prayed to set aside the order dated 20th August, 2009 rendered by the Additional Chief Judicial Magistrate No. 7, Jaipur City, Jaipur in Criminal Case No. 4136/2008 whereby he prayed to grant permission to cross-examine the complainant.
(2.) Heard learned Counsel for the petitioner and carefully scanned the impugned order dated 20th August, 2009.
(3.) Having perused the impugned order, it is noticed that the complainant filed an affidavit before the learned trial Court and the case was fixed for recording the cross examination on 21st February, 2009. The learned Counsel for the petitioner did not avail the opportunity of cross-examination and on his request the case was adjourned to 23rd March, 2009 and thereafter on 30th April, 2009 it was submitted by the learned Counsel for the petitioner before the learned trial Court that both the parties are endeavouring to compound the case but finally the parties came out with the submission that the compromise between them was not possible. The learned trial Court thereafter fixed the case for recording the statements of the accused under Section 313 of Cr.P.C. At that stage, the accused filed an application Under Section 311 of Cr.P.C. praying that the complainant may be summoned for cross examination. The said application was dismissed by the learned trial Court. Aggrieved with the order, the petitioner filed a revision petition in the Court of Sessions which was also dismissed. Aggrieved with the order of Additional Sessions Judge, he has filed this petition under Section 482 of Cr.P.C. invoking the inherent powers of High Court.;