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AMIT MAHAJAN
Abhishek Deep – Appellant
Versus
State NCT Of Delhi – Respondent
JUDGMENT :
(Amit Mahajan, J.)
1. The petitioner has filed the present petition, inter alia, praying as under :
b. Transfer the Pending SC No.28345/2016 titled as State V. Abhishek Deep from The Court of Sh. Joginder Prakash Nahar, Ld. ASJ (FTC)-I, Central to any other Court of competent jurisdiction;
c. Quash/set aside the deposition dated 06.02.202 to the extent of question being disallowed by Sh. Joginder Prakash Nahar, Ld. ASJ (FTC-I) in SC No.28345/2016 titled as State v. Abhishek Deep and for allowing the same to question to be asked from the Witness/ 1.0 during further cross examination;
Order dated 06.02.2024 passed by the learned Additional Sessions Judge, Tis Hazari Courts, Delhi (‘Trial Court’) disallowing certain questions during the cross-examination of PW-21 (ACP Alka Azad, Investigating Officer)
The right to a fair trial includes effective cross-examination, but courts may disallow irrelevant questions to maintain judicial efficiency.
The assurance of a fair trial requires substantial grounds for transfer, as mere apprehension of bias is insufficient to justify moving a case.
An advocate in the discharge of his duties to his client must not be hampered by any fear of offending the opposite party or any witness, and in the wake of such a duty it is further pointed out that....
The aim of every Court has to discover the truth. Section 311 of the Code is one of many such provisions of the Code which strengthen the arms of a Court in its effort to ferret out the truth by proc....
The court upheld the trial court's discretion in denying further cross-examination, stating no compelling reasons were shown by the petitioner for such a request.
The main legal point established in the judgment is that the exercise of discretion under section 231(2) of Cr.PC must be based on sufficient reasons justifying the deferral of cross-examination, and....
A witness cannot be permitted to be cross-examined with regard to contents of documents exhibited during course of trial and same is to be seen by Trial Court at the time of final adjudication.
The discretionary authority of the criminal court under Section 311 of the Criminal Procedure Code and the factors to be considered while considering a transfer petition.
Transfer of a criminal trial cannot be a routinely passed order and substantial grounds, based on sufficient material, need to exist for passing such an order. The court emphasized the need for exped....
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