Interim Order 15

Order Details: COPY OF ORDER
Pdf Text: CC NI ACT 5143-2021
Karan Singh Tanwar Vs. Kasimuddin
Proceedings conducted through video conferencing via Cisco Webex App.
20.08.2024
Present : Sh.N.K.Paswan, ld. Counsel for the complainant with complainant.
Accused in person with Sh.Ravi Ranjan and Sh.Salil Bhatacharya, ld. Counsel.
Fresh vakalatanama filed on behalf of accused. Same is taken on record.
An application under Section 311 CrPC for recalling CW1/complainant Karan
Singh Tanwar for cross examination. It is orally stated by ld. Counsel for the accused that on
account of strike, he could not appear before the Court. That his non-appearance was neither
intentional nor deliberate. That cross examination of complainant is very much important to bring
out the true facts of the present case.
The application is vehemently opposed by ld. Counsel for the complainant. It is
submitted by ld. Counsel that accused person is deliberately delaying the court’s proceedings.
That the complainant is a senior citizen and due to the conduct of accused person, he has to appear
before the court on all the dates and is being harassed.
Submissions heard. Record perused.
So far the conduct of accused is concerned, the Court is in agreement with the ld.
Counsel for complainant, however, the Court is mindful of the fact that if no opportunity is given
to ld. Counsel for accused to cross examine the star witness, irreparable loss would be caused to
the accused side.
With these observations, the application filed by the accused stands allowed subject
to cost of Rs.1500/- to be paid to the complainant. It is hereby clarified that only one opportunity
to cross examine the witness is given to the accused side.
List the matter for cross examination of CW1 on 27.08.2024 at 12 Noon.
(BHARTI BENIWAL)
JMFC (NI ACT) DIGITAL COURT 01
PHC NEW DELHI – 20.08.2024
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