Honble TIBREWAL, J. - An important question of law has been raised by the learned counsel appearing for the petitioner. The question is : Whether an accused can claim cross-examination to prosecution witnesses as of right at a subsequent stage of trial, if he failed to avail this right when opportunity was provided ?

(2). In order to appreciate the problem, it is necessary to give necessary facts.

(3). The husband-petitioner is facing trial under section 498-A I.P.C. in the Court of Additional Munsiff and Judicial Magistrate No.l, Jaipur City, Jaipur. July 2, 1993 was fixed for recording prosecution evidence. On this date, the witnesses, Smt. Sushila and Smt. Sunder appeared for their evidence. Their examination in-chief was recorded and cross-examination was deferred for the next date on the request of the accused on the ground that his counsel was not available. On the next date i.e. July 3, 1993, the witnesses again appeared in the court, but, instead of cross- examining them, the petitioner sought adjournment on the ground that his counsel has gone to Bombay. The learned Magistrate, in the interest of justice, granted adjournment on payment of costs of Rs. 200/-and next date was

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