The court emphasized the right to cross-examine as fundamental to procedural fairness, allowing the petitioners to challenge the NBW issued against them.

ORAL ORDER

This petition by accused Nos.4 to 9 in CC.No.30423/2021 is directed against the impugned order dated 27.03.2025, whereby the trial Court not only directed issuance of NBW as against the petitioners- accused Nos.4 to 9 but also took the cross-examination of respondent No.2-complainant (PW.1 as Nil) and posted the matter for further proceedings before the trial Court.

2. A perusal of the material on record would indicate that pursuant to the impugned complaint in PCR.No.18422/2021 filed by respondent-complainant against the petitioners-accused Nos.4 to 9 and other accused persons, which are currently pending in CC.No.30423/2021 before the trial Court, the respondent- complainant examined himself as PW.1 and the documentary evidence at Exs.P1 to P19 amongst which the Compact Disc (CD) was marked as Ex.P19 before the trial Court.

3. The petitioners did not appear before the trial Court and an exemption was sought for on their behalf and they also did not cross-examine PW.1, as a result of which, the trial Court proceeded to pass the impugned order directing issuance of NBW against the petitioners and taking cross-examination of PW.1 as 'Nil' by holding as under:

"Accused No.4 to 9 absent on the ground of preoccupation on perusal of the ordersheet from 30-03-2024 till date are continuously absent by stating the same reason and valid grounds are not made out. Hence EP is rejected. Advocate for accused filed memo that the CD is not furnished to the accused. On perusal of the ordersheet the case is posted for cross examination of PW1 from 30-03-2024 and till 22-03-2025 no such submissions were made with regard to the non- furnishing of the CD or any documents for the purpose of cross examinations. Hence on perusal of the ordersheet the PW1 is present continuously for last 3 days of hearing but no attempts made by the accused No.4 to 9 to cross examined the PW1. Hence cross of PW1 is taken as nil. Issue NBW against accused N.4 to 9 and await by 09-04-2025."

4. When the matter came up before this Court on 07.04.2025, the following interim order was passed:

"Issue emergent notice to the respondent. The Trial Court to furnish a copy of compact disc marked as Ex.P19, and upon furnishing of the copy of compact disc, the Trial Court is hereby directed to permit the petitioners to further cross- examine the complainant on the next date of hearing.

The NBW issued against the petitioners shall not be given effect to till the next date of hearing."

5. Learned counsel for respondent, on instructions, submits that the respondent would furnish a Compact Disc (C.D.) marked at Ex.P19 to learned counsel for petitioners, who may be directed to cross-examine PW.1 with reference to the entire evidence including the aforesaid C.D. at Ex.P19 on the next date of hearing before the trial Court, which currently stands posted on 24.07.2025. It is submitted that the respondent would handover the C.D. at Ex.P19 to learned counsel for petitioners on or before 01.07.2025 and that the petitioners may be directed to commence the cross-examination of PW.1 with reference to the entire oral and documentary evidence including the C.D. at Ex.P19 on 24.07.2025 and endeavour to complete it as expeditiously as possible.

6. Per contra, learned counsel for petitioners submits that in the event, the respondent furnishes a copy of the C.D. at Ex.P19 on or before 01.07.2025 to learned counsel for petitioners, the petitioners would commence the cross- examination of PW.1 on 24.07.2025 and endeavour to complete the same as expeditiously as possible. His submission is placed on record.

7. In view of the aforesaid facts and circumstances and the joint submission made by both sides, I deem it appr