- (1.) THE present criminal misc. petition under 482 Cr. P. C. has been preferred against the order dated 23. 06. 2009 passed by the Additional District and sessions Judge (Fast Track) No. 5, Jaipur City, jaipur in Criminal Revision No. 131/2009 (768/2009), by which the Revisional Court has upheld the order dated 05. 06. 2009 passed by the Civil Judge (Sr. Division) and Additional Chief Judicial Magistrate no. 9, Jaipur City, Jaipur in Case No. 1874/2008 (1068/2007), whereby the application filed by the petitioner under Section 311 Cr. P. C. has been rejected.
(2.) I have heard rival submissions of the respective parties and carefully gone through the orders impugned dated 05. 06. 2009 and 23. 06. 2009 passed by the trial Court and the Revisional Court respectively.
(3.) UPON careful perusal of the impugned orders, it appears that despite ample opportunities provided to the petitioner, she has not cross examined the non-petitioner, even an opportunity was provided on furnishing the cost of Rs. 1,000/-, but the same was not availed by the petitioner. On 14. 05. 2009, the petitioner was supposed to cross examine the non-petitioner, but she failed to do so and has submitted an application for seeking exemption from personal appearance before the Court on account of death of her father-in-law on 11. 05. 2009.;