Since the applicant was in jail and his learned counsel was busy in some another court that was the reason the witness could not be cross examined and on that ground, the opportunity of crossexamination was closed by the learned court and not allowed the cross-examination even on the application moved on the part of the applicant. In case opportunity is denied to the applicant for cross-examination of the witness, it will cause grave injustice to him, therefore, in the interest of justice opportunity of crossexamination of the P.W.-3 is to be given to the applicant. If there is any reluctance on the part of the accused/applicant, then reasonable cost may be imposed, but in the present case applicant was in jail, therefore, he was helpless and was totally dependent on the learned counsel who was busy in some another court, in such a situation, the opportunity could not be denied. The learned court would have permitted the cross-examination of the witness later on or if learned counsel was reluctant then service of amicus would have been provided, but it was not done by learned court, therefore, the order dated 13.12.2023 passed by Additional Sessions Judge, Court No. 08, Gorakhpur in S.T. No. 111/2011 (State Vs. Chandan Singh) arising out of Case Crime No. 607 of 2007, under Section 307 I.P.C., Police Station-Jhagaha, DistrictGorakhpur cannot be said to be lawful, as a result, it is set-aside.
