JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 20137-38/2023

CRL.M.A. 20145-46/2023

Exemption allowed subject to just exceptions.

Applications stand disposed of.

CRL.M.C. 5297/2023

CRL.M.C. 5299/2023

1. The present petitions have been filed challenging the impugned order dated 26.04.2022 and 28.05.2022 whereby the application under Section 311 Cr.P.C. for recalling DW-1 & DW-2 for the cross-examination was partly allowed to the extent of examination of DW Kripta Puri on the limited aspect of the conversation that took place between her husband and the complainant.

2. Learned counsel for the petitioner submits that order dated 26.04.2022 indicates that the petitioner was not ever given an opportunity to address the arguments.

3. Learned counsel submits that his right of audi alteram partem has been seriously violated by the learned Trial Court.

4. On advance notice, Mr. Chetan Roy has appeared for the respondent and submits that in fact sufficient number of opportunities were given to the petitioner as reflected in order dated 28.05.2022 and the petitioner did not avail such opportunities. Therefore, the learned Trial Court on 24.06.2022 after hearing the arguments on behalf of the c