BENCH AT JAIPUR v. Union Of India, Through Smt. Devangi Swrankar, Assistant
Case Details
Acts & Sections
Union Of India, Through Smt. Devangi Swrankar, Assistant Income Tax Commissioner, Central Circle-1, Room No. N.a 103, Nav Kendriya Rajasthan Bhawan, Statute Cirlce, Jaipur. S.B. Criminal Miscellaneous (Petition) No. 7944/2021 Mahendra Kalla Son Of Shri Janardan Kalla, Resident Of Kalla Street, Daga Chowk, Bikaner. ----Respondent Versus ----Petitioner Union Of India, Through Smt. Devangi Swrankar, Assistant Income Tax Commissioner, Central Circle-1, Room No. N.a 103, Nav Kendriya Rajasthan Bhawan, Statute Cirlce, Jaipur. S.B. Criminal Miscellaneous (Petition) No. 7945/2021 Mahendra Kalla Son Of Shri Janardan Kalla, Resident Of Kalla Street, Daga Chowk, Bikaner. ----Respondent Versus ----Petitioner Union Of India, Through Smt. Devangi Swrankar, Assistant [2026:RJ-JP:15674] (2 of 5) [CRLMP-8067/2021] Income Tax Commissioner, Central Circle-1, Room No. N.a 103, Nav Kendriya Rajasthan Bhawan, Statute Cirlce, Jaipur. S.B. Criminal Miscellaneous (Petition) No. 7950/2021 Mahendra Kalla Son Of Shri Janardan Kalla, Resident Of Kalla Street, Daga Chowk, Bikaner. ----Respondent Versus ----Petitioner Union Of India, Through Smt. Devangi Swrankar, Assistant Income Tax Commissioner, Central Circle-1, Room No. N.a 103, Nav Kendriya Rajasthan Bhawan, Statute Cirlce, Jaipur. S.B. Criminal Miscellaneous (Petition) No. 7952/2021 Mahendra Kalla Son Of Shri Janardan Kalla, Resident Of Kalla Street, Daga Chowk, Bikaner. ----Respondent Versus ----Petitioner Union Of India, Through Smt. Devangi Swrankar, Assistant Income Tax Commissioner, Central Circle-1, Room No. N.a 103, Nav Kendriya Rajasthan Bhawan, Statute Cirlce, Jaipur. S.B. Criminal Miscellaneous (Petition) No. 7954/2021 Mahendra Kalla Son Of Shri Janardan Kalla, Resident Of Kalla Street, Daga Chowk, Bikaner. ----Respondent Versus ----Petitioner Union Of India, Through Smt. Devangi Swrankar, Assistant Income Tax Commissioner, Central Circle-1, Room No. N.a 103, Nav Kendriya Rajasthan Bhawan, Statute Cirlce, Jaipur. S.B. Criminal Miscellaneous (Petition) No. 7997/2021 Mahendra Kalla Son Of Shri Janardan Kalla, Resident Of Kalla Street, Daga Chowk, Bikaner. ----Respondent Versus ----Petitioner Union Of India, Through Smt. Devangi Swrankar, Assistant [2026:RJ-JP:15674] (3 of 5) [CRLMP-8067/2021] Income Tax Commissioner, Central Circle-1, Room No. N.a 103, Nav Kendriya Rajasthan Bhawan, Statute Cirlce, Jaipur. S.B. Criminal Miscellaneous (Petition) No. 7998/2021 Mahendra Kalla Son Of Shri Janardan Kalla, Resident Of Kalla Street, Daga Chowk, Bikaner. ----Respondent Versus ----Petitioner Union Of India, Through Smt. Devangi Swrankar, Assistant Income Tax Commissioner, Central Circle-1, Room No. N.a 103, Nav Kendriya Rajasthan Bhawan, Statute Cirlce, Jaipur. ----Respondent For Petitioner(s) : Mr. Jaswant Singh Rathore for Mr. Harendra Singh For Respondent(s) : Mr. Siddharth Bapna HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI Order 15/04/2026 S.B. Criminal Misc. (Petition) No. 8067/2021, 7938/2021, 7945/2021, 7950/2021, 7954/2021 & 7998/2021:-
1. By way of these Criminal Miscellaneous Petitions, petitioner wants to challenge the order dated 31.07.2021 passed by the learned Additional Chief Metropolitan Magistrate, Economic Offences, Jaipur Metropolitan-Second (for short “learned trial Court”) in which application filed by the petitioner under Section 311 Cr.P.C. for cross-examining PW-2 Sushil Kumar Kulhari for evidence was rejected.
2. Learned counsel for the petitioner submits due to unavoidable reasons, advocate of the petitioner could not appear before the learned trial Court on 04.07.2019 and learned trial [2026:RJ-JP:15674] (4 of 5) [CRLMP-8067/2021] Court has recorded the statement of Sushil Kumar Kulhari (PW-2) but cross-examination of the petitioner was closed. After that, petitioner has filed an application under Section 311 Cr.P.C. but learned trial Court wrongly rejected the application filed by the petitioner vide order dated 31.07.2021. Learned counsel for the petitioner further submits that in the interest of Justice, one chance may be given for cross-examination of witness-Sushil Kumar Kulhari (PW-2).
3. Learned counsel for the respondent(s) has not opposed the petitions.
4. I have considered the arguments advanced by learned counsel for the petitioner and perused the impugned order. In the interest of Justice, I am inclined to grant one more chance to the petitioner for cross-examination of Sushil Kumar Kulhari (PW-2) on cost.
5. Therefore, these Criminal Miscellaneous Petitions filed by the petitioner are allowed and the learned trial Court is directed to give one chance to the petitioner for cross-examining Sushil Kumar Kulhari (PW-2) on the cost of Rs.1,000/-.
6. Stay application(s) also stand disposed of accordingly. S.B. Criminal Misc. (Petition) Nos. 7997/2021:- 7944/2021, 7952/2021 &
1. By way of these Criminal Miscellaneous Petitions, petitioner wants to challenge the order dated 16.05.2019 passed by the learned Chief Metropolitan Magistrate, Economic Offences, Jaipur Metropolitan (for short “learned trial Court”) in which application filed by the petitioner under Section 311 Cr.P.C. for cross- examining PW-1 Neena Nigam for evidence was rejected. [2026:RJ-JP:15674] (5 of 5) [CRLMP-8067/2021]
2. Learned counsel for the petitioner submits due to unavoidable reasons, advocate of the petitioner could not appear before the learned trial Court on 10.04.2019 and learned trial Court has recorded the statement of Neena Nigam (PW-1) but cross-examination of the petitioner was closed. After that, petitioner has filed an application under Section 311 Cr.P.C. but learned trial Court wrongly rejected the application filed by the petitioner vide order dated 16.05.2019. Learned counsel for the petitioner further submits that in the interest of Justice, one chance may be given for cross-examination of witness-Neena Nigam (PW-1).
3. Learned counsel for the respondent(s) has not opposed the petitions.
4. I have considered the arguments advanced by learned counsel for the petitioner and perused the impugned order. In the interest of Justice, I am inclined to grant one more chance to the petitioner for cross-examination of Neena Nigam (PW-1) on cost.
5. Therefore, these Criminal Miscellaneous Petitions filed by the petitioner are allowed and the learned trial Court is directed to give one chance to the petitioner for cross-examining Neena Nigam (PW-1) on the cost of Rs.1,000/-.
6. Stay applications also stand disposed of accordingly. GAURAV SHARMA /35-43 (CHANDRA PRAKASH SHRIMALI),J