High Court of Punjab and HaryanaCRM-M/13017/2023disposed of

Sonia Khatri v. State Of Punjab And Another

2023-03-17Mr. Justice Jagmohan Bansal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-13017-2023 Date of Decision : 17.03.2023 Sonia Khatri ......... Petitioner

Versus

State of Punjab and another ......... Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr.T.K.Gupta, Advocate for Ms.Puja Chopra, Advocate for the petitioner.

Mr. Amish Sharma, Asstt. A.G., Punjab.

**** JAGMOHAN BANSAL , J. (Oral) The petitioner through instant petition under Section 482 Cr.P.C. is seeking setting aside of order dated 15.02.2023 whereby JMIC, Patiala, has allowed the application of the respondent under Section 311 Cr.P.C. and permitted respondent No.2 to further cross-examine the PW4. Learned counsel for the petitioner inter alia contends that prosecutrix (PW4) has already been cross-examined on various occasions and respondent No.2 is harassing the prosecutrix by calling time to time for cross-examination. They are not intentionally completing the crossexamination. The impugned order has been passed ignoring the act and conduct of the respondents.

Mr.Ramneek Singh Baweja, Advocate has filed his power of attorney on behalf of the complainant, which is taken on record. Learned counsel for the respondent assures the Court that they will not prolong the cross-examination, however, one last opportunity may be granted to them. He further submits that the prosecutrix (PW4) may be directed to be present in Court at time.

ANJU GOEL 2023.03.17 17:56 I attest to the accuracy and integrity of this document

CRM-M-13017-2023 -2On being confronted with this fact, learned counsel for the petitioner submits that prosecutrix (PW4) would be present in Court at 10.00 a.m. on the next date of hearing, however, respondent may be directed to conclude cross-examination on the said day. Without commenting on merits of the case, the petition is disposed of with a direction to the petitioner to be present before trial Court on 27.04.2023 i.e. the date fixed before the trial Court at 10.00 a.m. and cooperate in the cross-examination. The respondent No.2 is directed to complete cross-examination on the same day and if because of unavoidable circumstances cross-examination is not concluded, it shall be concluded on the next working day.

( JAGMOHAN BANSAL ) JUDGE 17.03.2023 anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU GOEL 2023.03.17 17:56 I attest to the accuracy and integrity of this document