Prem Chand And ORS. v. State Of Haryana

CRM-M-53974-2018 -1-

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CRM-M-53974-2018 Date of Decision: 06.12.2018 Prem Chand and others .... Petitioners

Versus

State of Haryana .... Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. RD Sharma, Advocate for the petitioners.

RAMENDRA JAIN, J. (ORAL) Through this petition under Section 482 Cr.P.C., prayer has been made for quashing/setting aside impugned order dated 29.09.2018 (Annexure P-11), passed by the Sub Divisional Judicial Magistrate, Pehowa, whereby application of the petitioners-accused, for adjournment to cross-examine PW Nos. 2 and 3, namely; Vakil Chand and Gian Chand, on account of absence of counsel for the petitioner, due to illness of his father, was rejected and their cross-examination on behalf of the petitioners was treated as 'Nil'.

Heard.

Perusal of impugned order Annexure P-11, shows that the same is perfectly legal, inasmuch as, three effective opportunities had already been afforded to the petitioner to cross-examine PW Nos. 2 and 3, but the petitioners or their counsel did not cross-examine them, despite imposition of costs on two occasions.

However, in the interest of justice, the impugned order dated RISHU KATARIA 2018.12.18 16:26 I attest to the accuracy and integrity of this document

CRM-M-53974-2018 -229.09.2018 (Annexure P-11) is set aside. Trial Court is directed to afford one opportunity to petitioners to cross-examine the aforesaid prosecution witnesses, subject to costs of ` 5000/- to be deposited with the District Legal Services Authority, Kurukshetra.

Disposed of, accordingly.

December 06, 2018 (RAMENDRA JAIN) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2018.12.18 16:26 I attest to the accuracy and integrity of this document