MUZAFFAR IMAM v. STATE (NATIONAL CAPITAL TERRITORY OF DELHI)
2001-09-14
S K Agarwal
body2001
DailyLaw.ai
( 1 ) THIS petition u/s. 482 Cr. P. C. is directed against the order dated 19th January, 2001 closing the prosecution evidence without affording opportunity to the petitioner to cross-examine Smt. Sulekha, PW-1 and Mr. Anil Kumar, PW-2. ( 2 ) LEARNED counsel for the petitioner submits that petitioner is a very poor person; he was falsely involved in the case; PW-1 and PW-2 were examined on 13th August, 1997 but could not be cross-examined because petitioner was unable to engage any counsel; on an. application moved by the counsel for the petitioner u/s. 311 Cr. P. C. these witnesses were ordered to be re-called for cross-examination on 13th October, 1998 on which date the accused himself could not appear and NBWs were issued against him, which were subseqently cancelled. The said witnesses were again present on 14th March, 2000 and on that day they could not be examined because of the lawyers strike. ( 3 ) IT is argued that petitioner be given one more opportunity to cross-examine the said witnesses on such terms as this court may deem fit and proper. Learned APP tor the State on the other hand submits that petitioner deliberately did not examine the witnesses and is harassing them. ( 4 ) TAKING into consideration the facts that these are material witnesses, let one more opportunity be provided to the petitioner to cross-examine the said PW-1 and PW-2 subject to the payment of Rs. 5,000/- as costs. Out of the costs Rs. 4,000/- be paid to the said two witnesses on the date fixed. ( 5 ) PETITION stands disposed of. ( 6 )