Dismissed

Usha Makkar and Another v. State of Gnctd and Another

Delhi HC19 Feb 2025W.P.(CRL)/595/2025

Case brief

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What is this about?

Delhi High Court granted one conditional opportunity for cross-examination in a pending case, subject to payment of Rs.50,000. The court warned that further adjournments would permanently close this right, noting the petitioner's previous delay and inaction.

What did the court decide?

One opportunity for cross-examination allowed subject to payment of Rs. 50,000; no further extensions granted.

Usha Makkar and Another Vs State of Gnctd and… — Civil Procedure and Limitation | Delhi HC (2025)

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$~32

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 595/2025

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USHA MAKKAR AND ANOTHER .....Petitioners

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Through: Counsel for Petitioner (appearance not given).

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versus

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STATE OF GNCTD AND ANOTHER .....Respondents

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Through: Mr. Anand V. Khatri, ASC (Crl.) with Ms. Kalpana Jha, Advocate for the State with W/SI Rashmi, PS Janakpuri.

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CORAM:

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HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R

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% 19.02.2025

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CRL.M.A. 5403/2025 (Exemption)

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Exemption allowed, subject to all just exceptions.

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The Application stands disposed of.

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W.P.(CRL) 595/2025

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Writ Petition under Articles 226/227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( hereinafter referred to as ‘B.N.S.S.’ ) has been filed on behalf of the Petitioners, to quash or set-aside the Order dated 09.09.2024 vide which the learned JMFC, has closed the right of the Petitioner to cross-examine the Respondent No. 2/Complainant in Case MC 290/2019 titled „ Kamaldeep Makkar vs. Mahender Makkar’.

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The Complaint was filed in the year 2012. Thereafter, the matter has been pending for cross-examination of CW-1, the Complainant since

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/02/2025 at 13:55:16

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02.07.2022. Despite opportunities being granted for cross-examination, none appeared on behalf of the Respondent ( Petitioner herein ) and consequently, the right to cross-examine CW-1 was closed vide Order dated 16.12.2023. Thereafter, on the Application for recall of the Order, the cross-examination of CW-1 was allowed, subject to payment of cost of Rs.5,000/-. However, even thereafter, no cross-examination was done of CW-1 on two subsequent dates and consequently, the right to cross-examine the CW-1 was closed vide Order dated 09.09.2024.

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Aggrieved by the said Order, the present Petition has been filed.

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Submissions heard.

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The Order itself reflects that the Complaint was filed in 2012 but till date, the cross-examination of the Complainant has not been concluded, which commenced in 2022. The Petitioner herein has not been either appearing or seeking adjournments. There is no justification for setting-aside the impugned Order.

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However, considering the submissions made that the earlier counsel was unwell and now a new counsel has been engaged, one opportunity is given to the Petitioner, for cross-examination of CW-1, subject to payment of cost of Rs.50,000/- to the Defendant No. 2.

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No further opportunity on any ground shall be granted and in case any further adjournment is sought, the right to cross-examine the CW-1 shall stand closed.

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The Petition is disposed of accordingly.

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NEENA BANSAL KRISHNA, J

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FEBRUARY 19, 2025/RS

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/02/2025 at 13:55:16

Usha Makkar and Another v. State of Gnctd and Another

Case brief

What is this about?

What did the court decide?

Usha Makkar and Another v. State of Gnctd and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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