$-40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3960/2011 & Crl.M.A. 18642/2011 (stay) PARUL & ANR. Petitioner Through Mr. G.P. Thareja, Adv. versus STATE NCT OF DELHI Respondent Through Mr. Mukesh Gupta, APP for State with Inspector Rajesh Vijay PS Harsh Vihar. CORAM: I HON'BLE MS. JUSTICE MUKTA GUPTA ORDER % 05.12.2011 By this petition the Petitioner seeks recalling of PW2, 3 & 4 examined in case FIR No. 239/2009 under Section 174A IPC registered at PS Harsh Vihar. The grievance of the Petitioner was that though a counsel was appearing initially before the Court of Sessions in the connected matter, ^ however since this trial was separated and transferredto the Court of Learned MetropolitanMagistrate another counsel was engaged. On 7'^ April, 2011 when PWl was examined the said counsel was present. However on 14^*^ May, 2011 when PW2 & 3 were examined,the cross- examination could not be conducted as the counsel was not present. CRL.M.C. 3960/2011 page 1 of 2 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified V Similarlyon 25^^ June, 2011 PW4 was also examined,similarlydischarged and no cross-examination could be conducted in the absence of the counsel. I have perused the order sheet as well as the examination of PW2, 3 & 4. From the order sheets and from the depositions it is evident that the Petitioners were not represented by the counsel on said dates. The order sheet also do not reflect as to what efforts were made to ensure the presence of the counsel so that a fair right of cross-examination is provided to the Petitioners. ^ Thus, in the facts and circumstancesofthe case I deem it fit to direct that the Learned Trial Court will recall PW2, 3 & 4 on one date and one opportunity to cross-examine the said witnesses will be afforded to the Petitioner in the interest ofjustice. With these directions the petition and application are disposed of Order dasti. I MUKTA GUPTA,J DECEMBER 05, 2011 'ga' CRL.M. C. 3960/2011 page 2 of2