$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2210/2025 DEVA RAM .....Petitioner Through: Ms. Madhu Sharma, Advocate. versus THE STATE (NCT OF DELHI) .....Respondent Through: Mr. Utkarsh, Ld. APP for the State with SI Pravesh P.S. Mundka. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 02.04.2025 CRL.M.A. 9907/2025 (Seeking Exemption) 1. Allowed, subject to just exceptions. 2. The Application stands disposed of. CRL.M.C. 2210/2025 3. A Petition under Section 528 BNSS/482 Cr.P.C has been filed on behalf of the Petitioner challenging the Order dated 10.03.2025,whereby the Application under Section 311 Cr.P.C for recall of PW35 Dr. Vivek Kumar for cross-examination, has been dismissed. 4. It is submitted that Dr. Vivek Kumar who had conducted the post mortem was examined on 13.07.2022, but the previous counsel chose not to cross-examine the witness. Now the new counsel has been engaged just about four months back and now she has realized that PW35 was a material This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/04/2025 at 13:55:06 witness who should have been cross-examined and thus, moved an Application under Section 311 Cr.P.C for recall of the witness which was dismissed by the learned ASJ by observing that the due opportunity was given to the counsel on the date of examination-in-chief of PW35 Dr. Vivek Kumar which was not availed by the counsel and, therefore, there exist on ground for allowing the Application under Section 311 Cr.P.C. 5. Learned Prosecutor has opposed the Application on the ground that PW35 Dr. Vivek Kumar was examined on 13.07.2022 while the present Application has been filed almost after three years for which there is no explanation. The Order of the learned ASJ suffers from no infirmity and has rightly dismissed the Application under Section 311 Cr.P.C. 6. Submissions heard and record perused. 7. The main ground on which the recall of PW35 Dr. Vivek Kumar is sought is to confront him about whether the Gamcha which was used for strangulation was sufficient to cause the death. On a specific query the counsel for the Petitioner, who claims to have been recently engaged, and that she is better placed than the previous counsel to move the present Application, submits that she is not aware as to which Doctor gave the subsequent opinion. 8. Be as it may, considering the submissions made in the Application and also considering that this a case under Section 302 IPC and PW35 is an important witness to establish the cause of death, the Application is allowed, subject to cost of Rs.20,000/- to be deposited in Delhi High Court Legal Services Authority. 9. One opportunity is given for cross-examination of PW35 Dr. Vivek Kumar, subject to his availability. No further opportunity on any ground This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/04/2025 at 13:55:06 shall be granted for cross-examination of PW35. 10. The Petition stands disposed of accordingly. NEENA BANSAL KRISHNA, J APRIL 2, 2025/va This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/04/2025 at 13:55:06