The High Court of Rajasthan, through learned judge, Justice Pushpendra Singh Bati in the case of Beru lal v State of Rajasthan (S.B. Criminal Revision Petition No. 320/2021) observed that pendency of revision petition is not a ground for not Cross-Examining before the Trial Court
BRIEF FACTS: Learned counsel for the petitioner submitted that his issue of income-tax return was pending in the revision petition, and thus, the cross-examination was closed. Learned counsel sought one more opportunity for cross-examination on cost. Learned counsel for the respondent No.2 vehemently opposed this on the ground that a number of opportunities were given to the petitioner to make the necessary cross-examination but he had failed to do and had been making excuses before the learned court regarding the pendency of the revision petition and thus delayed the whole proceeding.
FINDINGS OF THE COURT: After hearing learned counsel for the parties, the Court was of the firm opinion that pendency or non-pendency of the revision petition was not a ground for not cross-examining. However, in the interest of justice, one last opportunity was granted to the counsel of the petitioner. The court directed to complete the necessary cross-examination on the next date as already fixed by the learned trial court. It was made clear that such cross-examination shall be permitted only after the petitioner deposits a sum of Rs.5,000/-. Such cost shall be released to the respondent No.2. The court further remarked that since in this case he failed to utilise the same, no further opportunity shall be granted and this order would automatically stand nullified thereafter. It was further made clear that the pendency of the revision petition shall not make any impact upon the cross examination. The present petition as well as all pending applications were disposed of accordingly.
JUDGEMENT REVIEWED BY – AMRUTHA K