JUDGMENT

Anil Kshetarpal, J. (Oral) - Petitioner-accused assails the correctness of orders dated 06.12.2017 and 05.02.2018 refusing opportunity to the petitioner-accused or his counsel to cross-examine first informant as well as Investigating Officer who has appeared as PW5. Sh. Sikander Singh was examined as PW5 through video conferencing on 08.11.2017, however, on the request of counsel for the accused that he is not keeping good health, adjournment was granted and Sikander Singh was bound down for 17.11.2017. On next date of hearing i.e. 17.11.2017, accused was not produced by the Investigating Agency resulting in adjournment to 06.12.2017. The counsels had decided to abstain from appearing in the Courts on 06.12.2017, but Court passed the order closing opportunity to the accused to cross-examine PW5-Sikander Singh and it was treated as NIL.

2. Application under Section 311 Cr.P.C. was also dismissed by the learned Special Court vide order dated 05.02.2018.

3. While dismissing the application, Special Court has relied upon the judgment passed by Hon'ble the Supreme Court in the case of Ex-Capt Harish Uppal vs. Union of India (UOI) and another, AIR 2003 SC 739. In the aforesaid case