Amritpal & ORS v. State

$~13 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 176/2017 AMRITPAL & ORS ..... Petitioners Through:

Mr.

Anvesh Madhukar and Mr.

Gaurav Goswami, Advs.

versus STATE ..... Respondent Through:

Mr. M.S. Oberoi, APP Mr.

Atul Kumar, Adv.

for Complainant.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 18.08.2017 Since petitioners' counsel failed to cross examine the PW2 and PW3 despite opportunities granted to him, the opportunity to cross-examine these witnesses was closed by the trial court vide order dated 4th October, 2016. After a considerable delay, an application under Section 311 Cr.P.C. was filed for recalling the PW2 and PW3 in the witness box, for their crossexamination. The said application has been dismissed by the trial court by the order impugned in this petition under Section 397 Cr.P.C. Order passed on the application under Section 311 Cr.P.C. is an interlocutory order; therefore, revision is not maintainable. Reliance is placed on Sethuraman vs.

Rajamanickam(MANU/SC/0408/2009).

Accordingly, this petition is treated under Section 482 Cr.P.C. and be

registered as Crl. M.C.

Petitioners are facing trial for the offence under Section 308 IPC. It is not in dispute that prosecution evidence is still going on. It is also not in dispute that PW2 and PW3 are material witnesses, inasmuch as, are available in Delhi and can be produced in Court. In my view, in case these witnesses are not cross-examined petitioners will suffer prejudice. Accordingly, in the interest of justice, one last opportunity is granted to the petitioners to cross-examine PW2 and PW3 subject to, however, payment of cost of `7,500/- to each witness. Matter is stated to be listed before the trial court on 30th August, 2017, on which date, trial court shall fix a date for cross-examination of PW2 and PW3. Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.

A.K. PATHAK, J.

AUGUST 18, 2017 ga