This order grants the petitioner one opportunity to cross-examine complainant CW1 in a criminal case. The High Court allowed this despite procedural lapse of not issuing notice to the respondent, subject to payment of costs.
One opportunity granted to cross-examine CW1 subject to payment of Rs 5,000/- as costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM M-13889 of 2016
Date of decision : 26.04.2016
Yogesh Kumar Khanna
....Petitioner
V/s
Parveen Kumar Khanna
....Respondent
BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Kamal Narula, Advocate for the petitioner.
RAJAN GUPTA J.
Petitioner has impugned order passed by Judicial Magistrate Ist Class, Ferozepur whereby cross-examination of CW1 has been considered as nil.
Learned counsel for the petitioner submits that complainant could not be cross-examined on 23.02.2016 due to reasons beyond the control of the petitioner. He submits that one opportunity may be granted in the interest of justice.
Keeping in view facts and circumstances of the case, this court deems it fit to grant one opportunity to the petitioner to cross-examine the complainant subject to payment of `5,000/- as costs to be remitted to the respondent. This court is conscious of the fact that order is being passed without issuing notice to the respondent. However, matter need not be further delayed. Same is, thus, allowed with costs as aforesaid.
April 26, 2016 (RAJAN GUPTA) Ajay JUDGE
AJAY KUMAR 2016.04.27 15:15 I attest to the accuracy and authenticity of this document
1 issue framed by the court
Whether petitioner can be granted additional opportunity for cross-examination of complainant despite lack of prior notice to respondent?
Yogesh Kumar Khanna
Parveen Kumar Khanna
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
