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High Court of DelhiCRL.M.C./6328/2018

Rahul v. State (NCT Of Delhi)

2019-04-09Hon'Ble Mr. Justice Chander Shekhar2 pages

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6328/2018 RAHUL ..... Petitioner Through:

Mr. Sunil Kumar, Advocate versus STATE (NCT OF DELHI) ..... Respondent Through:

Mr. Ashish Dutta, APP with Inspector Manoj Kumar, Crime Branch

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 09.04.2019 1.

Mr. A.C. Singhal, Advocate has filed an affidavit on record.

2.

Learned counsel for the petitioner submitted that the petitioner may be given one more opportunity to cross-examine PW-1 and the petitioner shall not seek any adjournment on the date so fixed by the Trial Court, on any ground whatsoever. Learned counsel for the petitioner also submitted that he shall not take more than one hour, under any circumstances, to crossexamine PW-1.The statement of the learned counsel for the petitioner is taken on record and is accepted as an undertaking from the side of the petitioner. The petitioner is directed to remain bound by the said undertaking.

3.

Learned APP submitted that in view of the cause submitted in the affidavit as well as in view of the undertaking

of the counsel for the petitioner on behalf of the petitioner and also just to cut short the delay as well as in the interest of justice one more opportunity may be given to the petitioner for the cross-examination of PW-1. Learned APP further submitted that the next date before the Trial Court is 2.5.2019. 4.

Accordingly, in the interest of justice and taking into consideration the submissions, the order dated 12.11.2018 is set aside and the petitioner is granted one opportunity to crossexamine PW-1 with a direction to the Trial Court to fix a date for the cross-examination of PW-1 on the next date of hearing. It is clarified that no adjournment, under any circumstances, will be granted by the Trial court to the petitioner on the date so fixed for the purpose of cross-examination of PW-1. The petitioner shall remain bound by the statement of his counsel that the cross-examination shall be concluded by the petitioner within one hour on the date so fixed by the Trial Court. 5.

The petition is disposed of.

CHANDER SHEKHAR, J APRIL 09, 2019 tp