ORDER

Agarwal, J:-- 1. Petitioner is aggrieved of the order dated 4.12.2024 passed by the learned First Additional Session Judge/Special Judge (Prevention of Corruption Act), Katni whereby learned trial Court closed the right of the petitioner to cross-examine the witness Krishnakant, taking this fact into consideration that before lunch Shri Manu Tiwari had started crossexamination of this witness Krishnakant and post lunch he did not appear, therefore, right to cross-examination has been closed. It is noted by the learned trial Court that on previous dates i.e. 3.7.2024 witness Krishnakant was present but adjournment was sought on account of health grounds of the father of the counsel, which was given at a cost of Rs.1000/- (Rupees One Thousand Only). On 29.7.2024, witness was present but time was sought on the ground that Manu Tiwari was busy in High Court, then again time was granted. Then on 10.9.2024, witness Krishnakant was present but Manu Tiwari had sought time to cross-examination, which was granted at a cost of Rs.1000/-(Rupees One Thousand Only). Thereafter, matter was taken up on 4.12.2024, witness was present, cross-examination began at 12.30 PM, it was closed due to lunch hours but post lunch Shri Manu Tiwari did not deem it proper to appear before the learned First Additional Sessions Judge/Special Judge, under Prevention of Corruption Act, Katni, when rights were closed.

2. Shri Bhagirath Singh, learned counsel for the petitioner submits that on account of his appearance before the learned Principal District and Sessions Judge in another matter. Since, he had to cross-examine the witness No.5, he could not appear, but the fact of the matter is that no intimation was given nor permission was sought from the concerned Court of Special Judge and, therefore, prima facie, we do not find any illegality in the impugned order. But taking a humanitarian view, subject to payment of Rs.50,000/- (Rupees Fifty Thousand Only), which petitioner will be free to recover from the delinquent counsel and to be deposited in the District Court Advocates Welfare Funds, Katni.

3. It is directed that parties shall remain positively present on 22.9.2025 without fail and shall conduct remaining cross-examination but prior to that they will deposit the necessary cost before the concerned authority on or before 20.9.2025 and subject to depositing the cost and production of the receipt, trial Court shall direct the parties to keep their witnesses present for cross-examination.

4. It is made clear that if on the said date cross-examination is not conducted, then trial Court will be free to take its own view.

5. Shri Bhagirath Singh, learned counsel for the petitioner and Shri Sanjay Sarwate, learned counsel for the respondent shall cause supply of copy of this order to the trial Court by tomorrow.

In above terms, this petition is disposed of.

Certified copy today.