Shilpa Tandon v. State & ORS.

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5761/2018 & Crl.M.A.47385/2018 SHILPA TANDON ..... Petitioner Through Petitioner in person versus STATE & ORS.

.... Respondents Through Mr. Mukesh Kumar, APP Mr. Prashant Manchanda, Mr.Rakshit Pandey, Mr.Lovish Sharma and Mr.Mohit Saroha, Advs. for R-2 to 6

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 30.08.2019 1.

The present petition has been filed by the petitioner for setting aside the interlocutory order dated 17.9.2018 passed by Metropolitan Magistrate, Saket Court, Delhi and to close her further crossexamination and to stay the proceedings in case No.2031086/2016 in FIR No.605/2013 till the disposal of the present petition. 2.

Learned counsel for the respondent Nos.2 to 6 submitted that the respondent Nos.2 to 6 may be given a chance, to cross-examine Ms.Shilpa Tandon on the next date of hearing before the Trial Court and the cross-examination of the petitioner shall be concluded on the same day and they shall not seek any adjournment, under any circumstances, for the said purpose.

3.

Petitioner submitted that the respondent Nos.2 to 6 sought

adjournments before the Trial Court for her cross-examination on five occasions, however, just to avoid the delay, she has no objection in stepping into the witness-box once for her cross-examination subject to heavy costs upon the respondent Nos.2 to 6. 4.

Learned counsel for the respondent Nos.2 to 6 further submitted that the respondent No.2 is ready and willing to pay a cost of Rs.2,500/- as diet money to the petitioner.

5.

In view of the aforesaid facts as well as in the interest of justice, the respondent Nos.2 to 6 are directed to cross-examine Ms. Shilpa Tandon, i.e. the petitioner herein, on the next date of hearing before the Trial Court. It is clarified that the respondent Nos.2 to 6 shall conclude the cross-examination of the said witness on the next date of hearing itself and the Trial Court shall not give any adjournment for the said purpose to the respondent Nos.2 to 6. The respondent Nos.2 to 6 are directed to pay a cost of Rs.2,500/- to the petitioner before the Trial Court on the next date of hearing.

6.

Petitioner submitted that in view of the aforesaid directions, she may be allowed to withdraw the petition. Accordingly, the present petition is dismissed as withdrawn. Pending application is also dismissed as withdrawn.

7.

Copy of this order be sent to the Trial Court for information and necessary compliance.

CHANDER SHEKHAR, J AUGUST 30, 2019/rk