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2014 DIGILAW 1704 (RAJ)

Saraswati Devi v. State of Rajasthan

2014-10-27

SANDEEP MEHTA

body2014
JUDGMENT 1. - The petitioner is the complainant in the matter. Due to the persistent absence of the petitioner, the trial court closed the prosecution evidence. The petitioner filed an application for reopening of the evidence, which was dismissed vide order dated 11.6.2014. Hence, this misc. petition. 2. When the matter was taken up by this Court initially on 26.6.2014, a willingness was expressed on behalf of the petitioner to deposit a sum of Rs. 25,000/- before the trial court for the court's time which was wasted as well as the inconvenience caused to the accused. The said amount has been deposited before the trial court. 3. After hearing the arguments advanced by the learned counsel for the parties and after going through the impugned orders, this Court feels that in order to secure the ends of justice, the petitioner deserves to be accorded one more opportunity to appear and be examined in evidence before the trial court. 4. Accordingly, the impugned order dated 11.6.2014 passed by the learned ACJ (Jr.Div.), Judicial Magistrate No.3, Bikaner is hereby quashed. The trial court shall provide one more opportunity to the petitioner to appear and depose where after it shall proceed to decide the case as per law. Out of sum of Rs. 25,000/- deposited by the petitioner in the trial court, Rs. 10,000/- shall be appropriated in the funds of the Legal Services Authority. The remaining amount of Rs. 15,000/- shall be given to the accused as cost. 5. The misc. petition and the stay application are allowed in the above terms.Application allowed. *******