2025:HHC:5508 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 863 of 2024 Date of Decision: 10.03.2025 Parvati Thakur ...Petitioner Versus Dine Ram ...Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. Karan Singh Kanwar, Advocate. For the Respondent : Mr. J.L. Bhardwaj, Senior Advocate, with Mr. Sanjay Bhardwaj, Advocate. Rakesh Kainthla, Judge Notice. Mr. Sanjay Bhardwaj, learned counsel, appears and waives service of notice on behalf of the respondent. 2. Heard. 3. The only grievance of the petitioner is that the learned Trial Court had wrongly allowed the complainant to be re-examined after he was cross-examined on behalf of the 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 2025:HHC:5508 accused. The questions asked in the re-examination are beyond the scope of re-examination. 4. Prima-facie, some of the questions which have been asked in the re-examination are in the form of leading questions and are beyond the scope of Section 146 of Bharatiya Sakshya Adhiniyam. Therefore, in these circumstances, the petition is disposed of with the liberty to the petitioner (accused before learned Trial Court) to raise the objections regarding the admissibility and relevance of the questions asked in the re-examination at the time of final arguments and learned Trial Court shall decide such objection(s), if raised, as per law, without being influenced, in any manner, by the fact that the complainant was permitted to be re-examined by it. Otherwise, the fact that the questions were asked and were allowed is no ground to exercise the power under Section 482 of Cr.P.C. which is to be exercised sparingly and to correct the abuse of the process of law which has not occurred by allowing the question by the learned Trial Court. 3 2025:HHC:5508 5. Needless to say that the observations made by this Court while disposing of the present petition will not affect the outcome of the decision to be rendered by learned Trial Court. 6. With these observations, present petition stands dispose off, so also the pending miscellaneous application(s), if any. (Rakesh Kainthla) Judge 10th March, 2025 (Chander)