Research › Search › Judgment

High Court of Uttarakhand · body

2026 DAILYLAW 360 (UTT)

ADITYA THAPA v. STATE OF UTTARAKHAND

C528/26/2026 · 2026-02-10

Alok Mahra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/2274/2026 With C528/26/2026 Hon’ble Alok Mahra, J. Mr. Karan Anand, learned counsel for the applicant. 2. Mr. K.S. Bora, learned Deputy A.G. along with Mr. Dinesh Chauhan, learned Brief Holder for the State. 3. Mr. Neeraj Garg, learned counsel for respondent no.2. 4. Both the present C-528 applications arise out of the same criminal proceedings and challenge common orders. Therefore, for the sake of convenience, they are being decided together by this common judgment and order. 5. The present C-482 applications have been filed seeking to set aside the order dated 12.09.2025 passed in Criminal Revision No. 24 of 2025 relating to offences under Sections 498- A, 323, 504, 506 I.P.C. and Sections 3/4 of the Dowry Prohibition Act by the learned Civil Judge (Senior Division), Rishikesh, and also to quash the orders dated 15.02.2025 and 11.04.2025 passed in Criminal Case No. 322 of 2020. 6. Learned counsel for the applicants submits that initially an F.I.R. was lodged by respondent no.2 against the applicants under Sections 498-A, 323, 504, 506 I.P.C. and Sections 3/4 of the Dowry Prohibition Act. After completion of the investigation, the Investigating Officer submitted a charge-sheet against the applicants. Thereafter, the learned Magistrate took cognizance, summoned the applicants, framed charges, and the trial commenced. 7. It is further submitted that during trial, PW-1 (respondent no.2) was examined-in-chief and the matter was fixed for her cross-examination on 15.02.2025. On that date, due to unavoidable circumstances, the learned counsel for the applicants was unwell and could not appear before the Court. An adjournment application was moved on this ground; however, the learned trial court rejected the said application and closed the opportunity of cross- examination of PW-1. 8. Learned counsel for the applicants further submits that being aggrieved by the order dated 15.02.2025, the applicants filed an application under Section 311 Cr.P.C. on 21.02.2025, seeking recall of the said order and permission to cross-examine PW-1. The said application was dismissed by the trial court vide order dated 11.04.2025. Thereafter, the applicants preferred Criminal Revision No. 24 of 2025 before the learned 1st Additional Sessions Judge, Dehradun, which was also dismissed vide order dated 12.09.2025. Hence, the present applications have been filed before this Court. 9. Learned counsel for the applicants would submit that both the courts below have caused grave prejudice to the applicants by closing the opportunity to cross-examine PW-1. It is contended that there was no deliberate or intentional lapse on the part of the applicants and the absence of counsel on the relevant date was due to illness. It is, therefore, prayed that at least one opportunity be granted to the applicants to cross- examine PW-1 in the interest of justice. 10. Learned counsel for respondent no.2 opposed the submissions; however, he fairly conceded that the cross- examination of PW-1 by the applicants is necessary for the proper and effective adjudication of the case. He, therefore, submitted that one last opportunity may be granted to the applicants by imposing cost upon the applicants. 11. Considering the submissions made by learned counsel for the parties and on their consent, this Court is of the view that, in the interest of justice, one opportunity deserves to be granted to the applicants to cross-examine PW- 1/respondent no.2, subject to payment of costs of ₹5,000/-, which shall be deposited before the Uttarakhand High Court Bar Association within a period of two weeks from today. 12. The applicants shall be permitted to cross-examine PW-1/respondent no.2 on 24.02.2026. It is made clear that in case the applicants fail to cross-examine PW- 1 on the said date, the impugned orders shall stand revived automatically without any further reference to this Court. 13. Accordingly, both the C-528 applications are allowed in the aforesaid terms. 14. Pending applications, if any, stand disposed of accordingly. [ (Alok Mahra, J.) 10.02.2026 Mamta