2026:UHC:2782 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528 No.612 of 2026 Hon’ble Alok Mahra, J. Mr. Tapan Singh, Advocate for the applicant. Mr. S.C. Dumka, A.G.A. for the State of Uttarakhand. 2. The present application has been filed by the applicant being aggrieved by the order dated 09.03.2026, whereby the application moved by him under Section 311 Cr.P.C. came to be rejected by the learned Court below. 3. Learned counsel for the applicant submits that at the time when C.W.1 (complainant) and C.W.2 were examined-in- chief, his counsel was engaged in another Court and, therefore, could not cross- examine the said witnesses. It is submitted that an application was moved seeking adjournment for cross-examination; however, the same was rejected on the ground that another counsel’s vakalatnama was on record and also considering that the complainant had travelled from Arunachal Pradesh. 4. It is further submitted that the cross- examination of C.W.1 and C.W.2 is essential for a just adjudication of the case. Learned counsel undertakes that the applicant is willing to bear the travelling expenses of the complainant, quantified at ₹25,000/-. 5. Heard learned counsel for the applicant and perused the record. This Court is of the considered view that the right of cross- examination is a valuable right of the accused and forms an integral part of a fair trial. Denial of such an opportunity may result in serious prejudice to the defence. 2026:UHC:2782 While inconvenience to the complainant cannot be ignored, the same can be suitably compensated by imposing appropriate costs. In the facts and circumstances of the case, the balance of justice warrants that one final opportunity be granted to the applicant to cross-examine C.W.1 and C.W.2, subject to terms, so as to safeguard the interest of the complainant and to ensure expeditious disposal of the trial. 6. Accordingly, the impugned order dated 09.03.2026 is hereby set aside. The application moved by the applicant under Section 311 Cr.P.C. stands allowed, subject to the applicant paying a sum of ₹25,000/- to the complainant towards travelling expenses within a period of two weeks’ from today. Upon such payment, the learned Magistrate shall afford one effective opportunity to the applicant to conclude the cross-examination of C.W.1 and C.W.2. It is made clear that no further adjournment shall be granted on this count. 7. Learned trial Court shall make all endeavours to expedite the proceedings and conclude the trial at the earliest, in accordance with law. 8. The present criminal miscellaneous application stands disposed of accordingly. (Alok Mahra, J.) 18.04.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dd db7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB98 7446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.18 17:33:21 +05'30'