Final Order 1

Order Details: COPY OF ORDER
Pdf Text: Misc. No.102/2026
In connection with FIR No.345/2016
State Vs. Hani Khan and Ors.
PS- Shakarpur
10.09.2026
Fresh miscellaneous application has been received by
way of assignment. It be checked and registered as per rules.
Present: Dr. Satish Shukla, Ld. Addl. PP for the State.
Sh. Sarfraz Asif, ld. counsel for applicants.
An application u/s 311 Cr.PC (348 BNSS) for recalling
PW-1 Ramesh Kumar for cross examination on behalf of accused
Pravez Malik and Imran @ Amjad has been made. Copy supplied.
Submissions heard. Case file perused.
Record reveals that PW-1 Ramesh Kumar was partly
cross examined on behalf of both the applicants and the matter was
listed for further cross-examination of PW-1 Ramesh Kumar on
08.06.2018 but on that day none of the counsels representing the
applicants appeared, accordingly the opportunity granted to both the
applicants to cross examine PW-1 Ramesh Kumar stood closed.
Effective cross-examination of witnesses is one of the
essential requirements of a fair trial. The cross examination of PW-1
Ramesh Kumar, if concluded properly, would inspire confidence in
his testimony and it would also enable this court to decide the matter
more effectively and efficiently. The balance of convenience also
favours the applicants as grave prejudice would be caused to them in
case this application is dismissed.
This court is invested with almost an unlimited power u/s
311 Cr.PC to call any person at any stage of proceedings in order to
examine him, however, this power is to be exercised to further the
…….Contd/
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ends of justice and not otherwise. Prudence demands that the
application be allowed. However, this court also cannot shut its eyes
to the fact that the trial got protracted due to non-examination of PW-
1 Ramesh Kumar by defence counsels for the applicants. Accordingly,
the application is allowed to the effect that only one opportunity shall
be granted to the applicants to cross examine PW-1 Ramesh Kumar
subject to his availability and subject to deposit of cost of Rs.5,000/-
by each applicant on or prior to the NDOH.
The application stands disposed of. Its record be tagged
with the present case file.
Anurag Thakur
ASJ (FTC)EAST/KKD/DELHI
10.09.2026
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