SMT. SUNITA Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) - Though the matter is listed on the application filed by the respondents no. 2 to 4 for vacating the interim stay order dated 6.8.2015 but with the consent of learned counsel for the petitioner as well as learned counsel for the respondent accused and learned PP the matter is being heard finally.

(2.) The present misc. petition has been preferred by the petitioner u/S. 482 Cr.RC. by the petitioner-complainant against the impugned order dated 10.7.2015 passed by learned Sessions Judge, Sikar, in criminal revision petition no. 104/2015 by which learned Sessions Judge partly allowed the revision and quashed the order to the extent for refusing for cross examination PW-1 Smt. Sunita on application of respondents no. 2 to 4 accused persons and allowed the application subject to payment of cost of Rs. 5,000.00 to be deposited with District Legal Services Authority, Sikar.

(3.) The brief facts of the case are that a criminal case is pending against respondents no.2 to 4 for the offence u/Ss. 498A and 406 Penal Code before learned CJM, Sikar wherein application was filed by the (respondents no. 2 to 4 accused on 22.7.2014 u/S. 311 Crimial P.C. and prayed that PW-1 Sunita may be recalled for cross examination which was dismissed by the learned CJM, Sikar vide order dated 9.6.2015 observing that respondents no. 2 to 4 accused failed to cross examine the witness when opportunity was given against which respondents no. 2 to 3 preferred revision petition before learned Sessions Judge, Sikar which was allowed as aforesaid by the learned Sessions Judge vide impugned order dated 10.7.2015.