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DELHI HIGH COURT
ASHA MENON
Mohan Bir Singh – Appellant
Versus
Gurmukh Singh – Respondent


JUDGMENT

1. This petition under Article 227 of the Constitution of India has been filed by the accused before the learned Trial Court, being aggrieved by the orders of the learned Additional Sessions Judge (West), Tis Hazari Courts, dated 23rd November, 2021, declining to interfere with the orders of the learned Trial Court dated 21st February, 2018 and 20th February, 2019 closing the opportunity of the petitioner to cross-examine the respondent/complainant.

2. Mr. Sundeep Srivastava, learned counsel for the petitioner submitted that the learned Trial Court, as also the learned Additional Sessions Judge, had passed the orders only taking into consideration the past conduct of the petitioner, without noticing that the petitioner had been granted only one opportunity to cross-examine the respondent/complainant. It was submitted that the absence of the petitioner on various dates before the learned Trial Court had been on account of some misunderstanding with the counsel and the fact of his absence or the issuance of process under Section 82 Cr.P.C., could not have been the ground to disallow the petitioner, an opportunity to cross-examine the respondent/complainant. It was furthe

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