Daljeet Kaur v. Basant Kumar

$~15 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3872/2016 & CRL.M.A.16254/2016 DALJEET KAUR ..... Petitioner Through:

Mr.Manjit Singh Ahluwalia, Adv.

versus BASANT KUMAR ..... Respondent Through:

Mr.G.S.Arora, Adv.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 11.10.2017 By way of the present petition, the petitioner assail the impugned order dated 27.02.2016 passed by the learned ACMM (North), Rohini, Delhi whereby the Court below closed the opportunity to cross examine the complainant Mr.Basant Kumar (respondent herein). Counsel for the petitioner has submitted that he would be crossexamining the complainant, Mr.Basant Kumar (respondent herein) on the next date of hearing and he will not take any further adjournment. Learned counsel for the respondent submits that he has no objection if the present petition is allowed subject to the condition that the petitioner shall crossexamine the respondent on the next date of hearing without seeking any adjournment.

In view of the submissions made by learned counsel for the parties, the present petition is allowed. Consequently, the impugned order dated 27.02.2016 is hereby set aside. Both the parties are directed to appear before

the Trial Court on the next date. The Court below is directed to allow the cross-examination of the respondent, Mr.Basant Kumar on the next date of hearing and the petitioner is directed to cross-examine the respondent, Mr.Basant Kumar on the next date failing which the right to cross-examine the respondent, Mr.Basant Kumar shall be deemed to be closed. The present petition is allowed and disposed of accordingly. All pending application(s) (if any) also stand disposed of. One copy of the order be sent to the Trial Court. Copy of this order be given dasti, as prayed. I.S.MEHTA, J OCTOBER 11, 2017/sr