1. By this application under Article 227 of the Constitution of India, the applicant – original accused calls in question the legality and validity of the order dated 21st November 2017 passed by the 14th Additional Chief Judicial Magistrate, Rajkot, below Exhibit: 188 in the Criminal Case No.1878 of 1985, by which the Trial Court rejected the application Exhibit: 188 filed by the applicant accused herein, thereby disallowing certain questions to be put to the complainant i.e. the respondent No.2 herein in her cross-examination.

2. It is a very unfortunate and a matter of regret that I am dealing with a matter pending before the Court below past thirty two years.

3. The respondent No.2 herein lodged a complaint in the Court of the Chief Judicial Magistrate, Rajkot, against the applicant accused herein and the respondents Nos.3, 4 and 5 for the offence punishable under Sections 500 read with 114 of the Indian Penal Code.

4. It appears that the complainant i.e. the respondent No.2 is in the witness box and her cross-examination is in progress. The defence counsel put certain questions to the complainant in her cross-examination as regards few civil and criminal proceedings pending between the parties. The questions relating to the same were disallowed by the Trial Court on the ground that they were absolutely irrelevant; the defence was trying to unnecessarily protract the trial and waste the time of the Court, and more importantly, the information, which was sought to be elicited through such questions, has already come on record.

5. As the questions were disallowed, the applicant accused filed an application Exhibit: 188, which reads as under :

“Reg: To cross examine the complainant to bring on record the facts regarding the civil suits mentioned by her in her examination-in-chief.

The advocate for the accused respectfully submits that the complainant herein has, in her deposition at Exhibit – 34 and in the complaint at Exhibit – 1 of her chief examination, has stated the facts regarding the filing of suits i.e. R.C.S. No.665/75, 170/76, 164/79, 53/76 etc. The Hon'ble Court has not allowed us to ask her question in that regard to contradict her.

Further, the complainant has preferred the present compliant against the accused under Section – 500 of the I.P.C. in connection with the chapter case No.14/84 filed against the complainant in the year 1984. In these circumstances, it is necessary to ask several questions regarding the litigations (Criminal as well as civil cases) filed by the complainant against the accused to show the conduct of the complainant on record and as to how many criminal and civil cases have been preferred by her against the accused.

Further, justice has not been done with the accused and the ends of justice would not be met if cross examination at length of the complainant is not permitted merely on the ground that the complainant has filed complaint under Section – 500 of the I.P.C. Further, the privilege is granted to us as per Section – 146 of the Evidence Act to contradict the witness and to bring the real controversy on the records. In these circumstances also, the defence cannot be restrained from cross examining the complainant.

Therefore, it is prayed :

To pass an order in the interest of justice permitting the complainant to cross examine the complaint in details as regards the litigations filed by the complainant against the accused.”

6. The Trial Court, after hearing both the sides, passed an order, which reads as under :

“Order below Exhibit – 188 in Criminal Case No.1878/1985

(1) The present application has been preferred as the defence has been frequently asking irrelevant questions during the cross-examination of the complainant and is wasting precious time of the Court. He has been time and again warned from not doing so. As he was asked to show the relevancy of the questions, he has submitted that, he has sought permission for cross-examination to bring the facts on record regarding the civi