Order

1. The instant Criminal Misc. Petition under Section 482 Cr.P.C. has been filed on behalf of the accused-petitioner assailing the order dated dated 19.07.2023 passed by learned Special Judge, Women Atrocities Cases, Sri Ganganagar in Criminal Revision No.40/2019 whereby learned Revisional Court dismissed the revision and affirmed the order dated 24.01.2019 passed by learned Addl. Chief Judicial Magistrate No.1 in Criminal Case No.463/2018, rejecting the petitioner's application under Section 311 Cr.P.C. for summoning PW.1 Sunita and PW.2 Sarjeet Singh for cross-examination.

2. On 28.11.2016, examination-in-chief of prosecution witnesses PW.1 Sunita Devi and PW.2 Sarjeet Singh were conducted. Thereafter, opportunity for cross-examination was given to the accused petitioner but he did not ask any question and therefore, same were closed. Learned counsel for the petitioner submits that on account of some personal exigency, counsel representing the petitioner could not remain present before the learned trial court for cross-examination of the witnesses at the relevant time and therefore, cross-examination from both these witnesses could not be conducted on behalf of the petitioner. He submits that petitioner is facing trial in Criminal Case No.463/2018 in the court of learned ACJM No.1, Sriganganagar for offences punishable under Sections 323 and 498A IPC. Cross-examination of the aforesaid witnesses by the accused petitioner is very important and crucial for just decision of the case. He further submits that closure of the petitioner's right to cross-examination these witnesses would adversely affect his case. In these circumstances, counsel prays that in the interest of justice, the petitioner may be given one last opportunity to cross-examine the aforesaid two witnesses.

3. Per contra, learned counsel for the complainant opposes the prayer made by counsel for the complainant. He submits that PW.2 Sarjeet Singh has passed away and thus, cross-examination from this witness is not possible.

4. It has been stated by learned counsel for the complainant that PW.2 Sarjeet Singh has passed away and thus, there remains no question of cross-examination of PW.2. However, having regard to the overall facts and circumstances of the case; considering the submissions made by learned counsel for the parties and in the interest of justice, the petitioner is given one last opportunity to cross-examine PW.1 Sunita Devi in one go subject to cost of Rs.11,000/-, payable to the complainant.

5. Accordingly, the instant Criminal Misc. petition is allowed and the impugned orders dated 19.07.2023 dismissing the revision petition and 24.01.2019 rejecting the petitioner's application under Section 311 Cr.P.C. is hereby quashed and set aside. The petitioner is granted one last opportunity to cross-examine PW.1 Sunita in one chance before the learned trial Court subject to payment of cost of Rs.11,000/- to the complainant. The trial Court shall fix a date in the matter for the purpose of cross-examination of PW.1 Sunita by the petitioner and shall summon the said witness accordingly. On that day, the petitioner shall pay the cost of Rs.11,000/- to the complainant.

6. It is made clear that only one opportunity shall be given to the petitioner for the purpose of cross-examination of the aforesaid witness. In case, the petitioner fails to pay cost or could not avail opportunity to cross-examine the aforesaid witness on the given date, this order will lose its efficacy. It is also made clear that the cross-examination shall be conducted only in the presence of the accused-petitioner.

7. Stay Application and pending application, if any, stand disposed of.