Usha Makkar And Another v. State Of Gnctd And Another

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 595/2025 USHA MAKKAR AND ANOTHER .....Petitioners Through:

Counsel for Petitioner (appearance not given).

versus STATE OF GNCTD AND ANOTHER .....Respondents Through:

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

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 19.02.2025 CRL.M.A. 5403/2025 (Exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The Application stands disposed of.

W.P.(CRL) 595/2025 3.

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'.

4.

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

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.

5.

Aggrieved by the said Order, the present Petition has been filed. 6.

Submissions heard.

7.

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.

8.

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. 9.

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.

10.

The Petition is disposed of accordingly.

NEENA BANSAL KRISHNA, J FEBRUARY 19, 2025/RS 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