SAURABH BHARGAVA Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) By this criminal misc. petition, a challenge is made to the order dated 24.1.2014 whereby application under section 311 Cr.P.C. was dismissed. The application was to allow the petitioner to cross examine the witness. It was declined in ignorance of the fact that cross examination could not be made in view of illness of the counsel. The impugned order may thus be quashed by giving one opportunity to the petitioner to cross examine the witness. Reference of the judgments of the Hon'ble Supreme Court in case of Mohd. Hussain alias Zulfikar Ali v. State (Government of NCT of Delhi), 2012 2 SCC 584 and of this court in the case of Kuldeep Singh v. State of Rajasthan, 2010 WLC(Raj) 14 and, lastly, in the case of Harish @ Shekhar v. State of Rajasthan,2014 1 WLC(Raj) 286 has been given.

(2.) Learned PP so as learned counsel for the respondent No.2 have opposed the petition.

(3.) I have considered rival submissions of the parties and perused the record.