The court emphasizes the need to allow an accused to cross-examine multiple witnesses together to prevent witness coaching, affirming procedural flexibility under Cr.P.C.

ORDER

Learned HCGP is directed to take notice for the respondent.

2. Though the case has come up for hearing on I.A., heard finally.

3. This petition filed by the petitioner, party-in-person under Section 482 of Cr.P.C. for quashing the order passed by the 2nd Additional Senior Civil Judge and JMFC, Davanagere on the application filed under Section 231 (2) of Cr.P.C for seeking adjournment to cross examine CW1, 7, 8 and 10 together, which came to be dismissed in C.C No.1414/2020 dated 28.09.2022.

4. Heard the petitioner, party-in-person and learned HCGP for the respondent.

5. The case of the prosecution is that on the complaint of defacto complainant, the police have filed the chargesheet against this petitioner by registering FIR in Cr.No.33/2016 and chargesheeted for offences punishable under Section 420, 342, 506, 511, 504, 448, 471, 468, 344, 323 of IPC. After taking cognizance, the petitioner appeared and pleaded not guilty and the case is posted for cross examination of witnesses and the further fact that CW1 and CW2 are already examined by the trial Court. At that stage, the petitioner filed an application under Section 231 (2) of Cr.P.C seeking adjournment for cross examination of CW1/ PW1 along with CW7, 8 and 10. Since the CW1/ PW1 and CW7, 8 and 10 who are said to be of the same family and the said application came to be rejected. Hence, he is before this Court.

6. Taking into consideration of all the facts and circumstances of case, ofcourse the application filed by party-in-person under Section 231 (2) of Cr.P.C is a wrong provision invoked by the petitioner, as Section 231 (2) is applicable before the Session trial. However, merely petitioner has filed wrong provision, the relief cannot be rejected. Infact, the petitioner requires to file an application under Section 242 of Cr.P.C, which reads as under:

242. Evidence for prosecution:

(1) If the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under section 241, the Magistrate shall fix a date for the examination of witnesses.

(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing.

(3) On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution: Provided that the Magistrate may permit the cross- examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross- examination.

On bare reading of this section wherein provided that the Magistrate may permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.

7. This Court has taken decision in various case and held, when the witnesses belonging to the same family and they are eye witnesses to the incident, when the application filed by the accused for deferring the cross examination of witnesses and allow them to cross examine together on the same day in order to avoid tutoring of the witnesses by other witness, who are already examined.

8. Considering the facts and circumstances, the order passed by the trial Court, rejecting the application of the petitioner is not correct, trial Court has power to defer the cross examination of PW1, until examination in chief of CW7, 8, and 10 crossed as requested by the petitioner, party-in-person.

Accordingly, the petition is allowed.

The impugned orders on application filed under Section 231 (2) of Cr.P.C, by the trial Court is set aside and the same is allowed, permitting the petitioner to cross examine PW1/ CW1, 7,