- 1 - NC: 2025:KHC:16044 CRL.P No. 4661 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4661 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MR.SHAMIM AHMED @ MOULANA SHAMIM SALIQH, S/O ABDUL KALAM AGED ABOUT 63 YEARS, R/AT NO. 209/1, MEENAJ NAGAR, J. P. NAGAR POST, BENGALURU -560 078. 2. MRS. IRFANA TABASSUM, W/O. SHAMIM AHMED @ MOULANA SHAMIM SALIQH AGED ABOUT 50 YEARS, R/AT NO. 209/1, MEENAJ NAGAR, J. P. NAGAR POST, BENGALURU -560 078. …PETITIONERS (BY SRI. RAM SINGH K., ADVOCATE) AND: 1. STATE OF KARNATAKA BY J. P. NAGAR POLICE STATION, J. P. NAGAR I PHASE, BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001. Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16044 CRL.P No. 4661 of 2025 2. MR. MOHAMMED HANEEF KHURESHI S/O. ALI MIYAN KHURESHI, AGED ABOUT 69 YEARS, R/AT NO. 22/23, S. R. K GARDEN, TILAKNAGAR, BENGALURU 560 041. …RESPONDENTS (BY SRI. M R PATIL, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 07/01/2023 IN PCR NO.6104/2013, (CRIME NO.691/2013) AND IN C.C NO.23899/2015, FOR THE ALLEGED O/P/U/S 420, 468, 471 AND 201 R/W SECTION 34 OF IPC PENDING BEFORE II ACJM AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners (accused Nos. 1 and 2), who are facing trial for offences punishable under Sections 420, 468, 471, and 201 read with Section 34 of the IPC, are before this Court seeking relief. 2. After the examination-in-chief of PW-2 (complainant), the matter was posted for cross-examination. However, the petitioners (accused), without sufficient cause, failed to cross- examine PW-2, prompting the Trial Court to record the cross- examination of PW-2 as “nil.” The reason assigned by the petitioners for not cross-examining PW-2 was that their counsel was engaged in another Court. Although no sufficient cause was shown for their failure to cross-examine PW-2 on the relevant date, in the interest of ensuring a fair trial as envisaged under Article 21 - 3 - NC: 2025:KHC:16044 CRL.P No. 4661 of 2025 of the Constitution of India, it would be appropriate to provide one more opportunity to the petitioners to cross-examine PW-2. Otherwise, the testimony of PW-2 would remain uncontroverted, which may adversely affect the defence and would probably result in conviction . Therefore, it is appropriate to grant one more opportunity to the petitioners to cross-examine PW-2. 3. Accordingly, the petition is allowed. The impugned order dated 07.01.2023 passed on the application filed under Section 311 of the Cr.P.C. in C.C. No. 23899/2015 by the learned XXX Addl. CMM, Bangalore, is hereby set aside, and the said application is allowed. 4. The petitioners are permitted to cross-examine PW-2 on the next date of hearing, failing which the Trial Court shall proceed in accordance with law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 187