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,

- 3 -

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.

- 4 -

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

- 5 -

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

- 6 -

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, 8 and 10 together on the same

day.

The petitioner shall not seek any unnecessary

adjournments.

- 7 -

Other reliefs sought by the petitioner is hereby

rejected.

Sd/-

JUDGE

LL

List No.: 1 Sl No.: 14