Crl. Misc. No.M-24577 of 2009 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Crl. Misc. No.M-24577 of 2009
Date of decision:03.09.2009
Kuljit Kumar and others ....Petitioners
versus
State of Punjab ....Respondent
Coram:- HON'BLE MR. JUSTICE L. N. MITTAL.
Present: Mr. Deepak Sabherwal, Advocate for the petitioners.
L. N. MITTAL, J (ORAL)
Notice of motion.
Mr. Gaurav Garg Dhuriwala, AAG, Punjab accepts notice
on behalf of State of Punjab.Copy of the paper book supplied to him.
On request of learned counsel for the parties, the instant
petition is taken up for final disposal today itself.
Accused Kuljit Kumar and three others have filed this
petition under Section 482 of the Code of Criminal Procedure (in
short, Cr.P.C) for quashing impugned order dated 06.08.2009
(Annexure P-3) passed by learned Additional Chief Judicial
Magistrate, Kapurthala thereby treating the cross-examination of
three witnesses to be NIL on behalf of accused petitioners.
I have heard learned counsel for the parties and perused
the case file.
Perusal of the impugned order reveals that examination-
in-chief of Kulwant Singh and Balwant Singh was recorded on
09.09.2005, but their cross-examination was not conducted on behalf
Crl. Misc. No.M-24577 of 2009 -2-
of petitioners for almost four years till the passing of the impugned
order on 06.08.2009 whereas examination-in-chief of another PW Ajit
Singh was recorded on 09.01.2009 and he was also not cross-
examined till the passing of the impugned order.
Learned counsel for the petitioners refers to some of the
zimni orders of trial Magistrate (Annexure P-2), but the said orders
start from the date 08.04.2008 only whereas examination-in-chief of
Kulwant Singh and Balwant Singh had been recorded on 09.09.2005.
Moreover, even the zimini orders (Annexure P-2) reveal the lapse of
the petitioners and their counsel on some dates of hearing.
However, inspite of the lapses on behalf of the accused
petitioners, in my considered opinion, ends of justice would be met if
the petitioners are granted only one more opportunity to cross-
examine the aforesaid three witnesses on payment of exemplary
cost. The instant petition is accordingly allowed. Impugned order
dated 06.08.2009 (Annexure P-3) passed by learned Additional Chief
Judicial Magistrate, Kapurthala is set aside and it is directed that the
petitioners shall be granted only one more opportunity for cross-
examination of PWs Kulwant Singh, Balwant Singh and Ajit Singh
subject to payment of Rs.10,000/- as cost, out of which a sum of
Rs.2000/- each shall be paid to Kulwant Singh and Balwant Singh
and Rs.1000/- to Ajit Singh whereas remaining amount of Rs.5000/-
shall be deposited with the Court.
( L. N. MITTAL )
JUDGE
03.09.2009.
A.Kaundal