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2017 Supreme(Del) 1367

R.K.GAUBA
Vijay Kumar – Appellant
Versus
State (Govt. of Nct of Delhi) – Respondent


Advocates Appeared:
For the Petitioner:Mr. Siddharth Agarwal, Mr. Raj Mohan Gupta and Mr. Nikhil Pillai, Advocates.
For the Respondent:Mr. Avi Singh, ASC and Ms. Anya Singh, Advocate with SI Sunder Kumar, PS Ambedkar Nagar.

JUDGMENT :

R.K. Gauba, J.

1. The import, scope and width of the discretion vested in the Judge presiding over a criminal trial to permit the cross-examination of a witness to be deferred until another witness has been examined is the issue of general importance posed in these proceedings.

2. The petition has been presented invoking the jurisdiction of this court under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C) seeking to assail the view taken by the Sessions Judge (South), by order dated 13.04.2017, in the course of trial of sessions case against the petitioner on charge for offences punishable under Sections 302, 307 and 34 of Indian Penal Code, 1860 (IPC), arising out of a report under Section 173 Cr.P.C., submitted on conclusion of investigation into first information report (FIR) no.375/16 of police station Ambedkar Nagar, throwing up questions that call for application of Section 231(2) Cr.P.C.

3. The FIR was initially registered for the offence under Sections 307 / 34 IPC. The charge-sheet would show that the victim (Sanjay @ Arvind) succumbed to the stab injuries as a result of which the charge for the





































































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