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2005 Supreme(Del) 524

H.R.MALHOTRA
STATE – Appellant
Versus
RAVI KANT SHARMA – Respondent


Advocates Appeared:
Manisha Sharma, S.K.Sexena, S.P.MINOCHA, Sushil Bajaj

H. R. MALHOTRA, J.

( 1 ) THIS revision is to assail part of the order dated 13th December,2004 passed by the Additional Sessions Judge, Delhi, making a schedule for recording of evidence of the prosecution witnesses. The learned Additional Sessions Judge while fixing such schedule made two sets of prosecution witnesses for the purposes of the their evidence; one for formal witnesses and another for lengthy witnesses. The additional Judge was of the view that since it was not possible to curtail and curb the lengthy cross-examination and therefore ordered that examination of chief of lengthy witnesses would be recorded first in April and May,2005 and their cross-examination would follow in July,2005. This part of the order is being challenged by way of filing the revision petition.

( 2 ) I have heard learned Special Public Prosecutor on behalf of the petitioner and also counsel for the respondent. Section 137 and 138 of the Evidence act deals with the aspect of examination of witnesses. Reading of these provisions would show that the intention of the legislature while enacting such provisions was to ensure that cross-examination takes place immediately after examination-in-chief, as



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