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CRM-1923-2026 and

CRM-5189-2026 in/and

CRR-100-2026 - 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

117 CRM-1923-2026 and

CRM-5189-2026 in/and

CRR-100-2026

Date of Decision:05.02.2026

PANKAJ JOSHI

....Petitioner

Versus

STATE OF HARYANA

.....Respondent

CORAM: HON’BLE MR. JUSTICE AMAN CHAUDHARY

****

Present: Mr. S. S. Mor, Advocate, for the petitioner.

Mr. B. S. Saroha, DAG, Haryana.

****

AMAN CHAUDHARY, J. (Oral)

CRM-1923-2026

For the reasons mentioned in the application, the same is allowed and

the delay of 26 days in filing the present revision petition is condoned.

CRM-5189-2026

For the reasons mentioned in the application, the same is allowed and

the order dated 08.09.2025 passed by Delhi High Court is taken on record as

Annexure P-3, subject to all just exceptions.

Main case

1. Present revision petition has been filed for quashing of impugned

order dated 08.09.2025 passed by learned Additional Chief Judicial

Magistrate, Gurugram in case FIR No.30/2021, dated 10.02.2021, registered

PARVEEN KUMAR

2026.02.09 19:45

I attest to the accuracy and

integrity of this

order/judgment.

CRM-1923-2026 and

CRM-5189-2026 in/and

CRR-100-2026 - 2 -

under Section 408 IPC, at Police Station Sushant Lok, District Gurugram,

wherein learned trial Court has closed the right of cross-examination of PW1

and PW2.

2. Learned counsel submits that it was on account of the learned

counsel appearing for the petitioner before the trial Court being pre-occupied

that he could not appear and vide impugned order, ‘nil-opportunity given’ was

recorded for cross-examination of two prosecution witnesses, i.e. PW1 Rajesh

Jamwal and PW2 Nishant Monga, who were present at that time and their

examination-in-chief was recorded. Moreover, it was the first time that they

had appeared for examination and thus he seeks one effective opportunity to

conduct their cross, subject to payment of costs.

3. Learned State counsel submits that the impugned order has been

rightly passed, thus prays that the present petition may be dismissed.

4. Heard

5. It is trite, that the client should not be made to suffer on account

of the absence of the counsel, in regards whereof, it would be apposite to

refer to the case of Rafiq vs. Munshilal and another, AIR 1981 SC 1400,

wherein Hon’ble the Supreme Court had held that, “What is the fault of the

party who having done everything in his power expected of him, would

because of his advocate... The problem that agitates us is whether it is proper

that a party should suffer for the inaction, deliberate omission, or

misdemeanour of his agent... We cannot be a party to an innocent party

PARVEEN KUMAR

2026.02.09 19:45

I attest to the accuracy and

integrity of this

order/judgment.

CRM-1923-2026 and

CRM-5189-2026 in/and

CRR-100-2026 - 3 -

suffering injustice merely because of his chosen advocate defaulted.”

Reiterating the aforesaid view, in Shaikh Mukthar and another vs. State of

Andhra Pradesh, (2020) 19 SCC 178, it was observed that the appellants

should not have been penalised for the absence of their advocate on the date

of hearing.

6. The duty of the Court is to ensure that full and material facts are

brought on record so that there might not be miscarriage of justice. The

opportunity of cross-examining the witnesses, which is essential for the just

decision of the case, having not been granted, due to the non-availability of

the learned counsel, would result in the accused-petitioner suffering a penalty

totally disproportionate to the gravity of the mistake, that too due to

unforeseen circumstances, being beyond his control.

7. In view of the above, present petition is allowed and the

petitioner is granted one effective opportunity to cross-examine the aforesaid

two prosecution witnesses on the next date of hearing fixed before learned

trial Court, subject to payment of costs of Rs.10,000/- to be paid by him to

each of the aforesaid witnesses.

8. Pending applications, if any, also stand disposed of.

( AMAN CHAUDHARY )

JUDGE

February 05, 2026

dinesh Whether speaking : Yes/No

Whether reportab