Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Bom) 943

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.G. AVACHAT, J.
Ramesh B. Gowda and Anr. - Appellants
Versus
State Of Maharashtra And Anr. - Respondents
CRIMINAL WRIT PETITION NO. 187 OF 2023 ALONG WITH CRIMINAL WRIT PETITION NO. 193 OF 2023 ALONG WITH CRIMINAL WRIT PETITION NO. 195 OF 2023 ALONG WITH CRIMINAL WRIT PETITION NO. 197 OF 2023 ALONG WITH CRIMINAL WRIT PETITION NO. 198 OF 2023 ALONG WITH CRIMINAL WRIT PETITION NO. 199 OF 2023
Decided on : 07-01-2023

Advocates:
Advocate Appeared:
For the Appellant :Mr. Govind Gupta a/w Ashish Verma a/w Dhanraj Lodha, Advocate
For the Respondent: Mr. Sunil Vyas i/b Fox Mandal and Asso., Mr. Arfan Sait, Ms. Anamika Malhotra

The court emphasized the balance between the accused's right to cross-examination and maintaining judicial efficiency, allowing the cross-examination on the condition of costs.

Headnote:(A) Criminal Procedure Code, 1973 - Section 313 - Cross-examination - Order refusing permission to cross-examine complainant and witnesses challenged - Court found sufficient opportunity had been offered to Petitioners/Accused and rightly refused permission - Cross-examination set for January 10, 2023, with costs of Rs.25,000/- awarded to complainant. (Paras 1, 2, 4, 5, and 6)

(B) Right to cross-examination - Accused's right to cross-examine their witnesses must be given due consideration; however, it must be balanced with the integrity of trial proceedings. (Paras 5 and 6)

Facts of the case:
Petitioners challenged the order of the trial court denying them the opportunity to cross-examine complainant and his witnesses, claiming it affected their defense.

Findings of Court:
The denial of the cross-examination was justified, given the ample opportunities provided; however, it was corrected under conditions.

Issues: The key issue revolved around the legality of denying cross-examination rights to the Petitioners/Accused after providing multiple opportunities.

Ratio Decidendi: The court reiterated that while the right to cross-examine is fundamental, it must not disrupt trial timelines and should be balanced with the need for judicial efficiency.

Result: Petitions disposed of subject to costs.

Table of Content
1. challenge to cross-examination permission (Para 1)
2. arguments regarding cross-examination timing (Para 2 , 3)
3. orders and directions for trial conduct (Para 4 , 5)
4. disposal of petitions and cost imposition (Para 6 , 7)

JUDGMENT :

R.G. AVACHAT, J.

1. In all these Petitions challenge is to the order refusing permission to the Petitioner/Accused to cross-examine the complainant and his witnesses.

2. Learned Advocate for the Respondent informs that an ample opportunity was offered to the Petitioners/Accused. He adverted this Court’s attention to the Roznama of the cases. He would submit that on the given date, learned Advocate for the Petitioners/Accused even submitted before the learned Trial Court that he would not conclude the cross-examination. The Court concerned has rightly refused permission to the Petitioners/Accused to cross-examine the complainant and his witnesses.

3. Learned Advocate for the Petitioners submits that next date before the trial Court is 10^th January, 2023. The Advocate representing the Petitioners/Accused before the trial Court would in any case cross-examine the complainant and conclude on the same day.

4. In view of the aforesaid statement, the orders impugned herein are recalled subject to payment of cost of Rs.25,000/-.

5. It is also informed that recording of statement under Section 313 of Cr.P.C. has been dispensed with and right of the Petitioners/Accused to give evidence is even foreclosed. This order is hereby set aside, although the prayer to that regard is not therein the Petitions. Suffice it to say that the Petitioners would undertake the cross-examination of the complainant’s witnesses from 10^th of this month.

6. The learned Magistrate would do well to decide the matters within time-frame of four months from the date of receipt of a copy of this Order.

7. Petitions stand disposed of subject to cost of Rs.25,000/-.

Cost to be paid to the complainant.

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