Cr.MMO No. 52 of 2008 30.06.2008 Present: Mr. N.S. Chandel, counsel for the petitioner. Mr. J.S. Guleria, Law Officer, for respondent No. 1. Cr.MMO No. 52 of 2008: This petition has been filed by the petitioner under Article 227 of the Constitution of India read with Section 482 Cr.P.C. against the order passed by the learned trial Court dismissing the application filed by the petitioner under Section 311 Cr.P.C. for further cross-examination of PW-1 Arun Thakur. I have heard Mr. N.S. Chandel, learned counsel for the petitioner and Mr. J.S. Guleria, learned Law Officer, for respondent No. 1. The record has not been summoned since it is going to further delay the case and the order passed by the learned trial Court is clear as to the contents of the application as well as the prayer made and the reasonings given by the learned trial Court in rejecting the application. I have gone through the order passed by the learned trial Court. The petitioner as an accused had prayed that PW-1 Arun Thakur be recalled since he was to be confronted with the record of I.G.M.C. Shimla as well as on the fact that in the cross- examination by other two witnesses PW-1 had stated against the petitioner who was accused No.1 before the learned trial Court. The learned trial Court had rejected the application that it has been filed to delay the proceedings and I am of the opinion that the case will be …2… further delayed in case this petition is not disposed of at the earliest. I have gone through the record placed before me and I am of the opinion that in the interest of justice, the petitioner should be given opportunity to cross-examine the said PW-1 Arun Thakur. The powers under Section 483 Cr.P.C. can be exercised in exceptional circumstances to set aside the illegality passed in the order and the fact that the case of the petitioner may be prejudiced in case he is not given full opportunity to cross-examine PW-1 Arun Thakur, which is justified in the facts and circumstances of the case. Accordingly, the petition is allowed and an opportunity shall be given to the petitioner to cross-examine PW-1 Arun Thakur and the witness shall be summoned through a special messenger by the learned trial Court by giving a short date and steps shall be taken to dispose of the case at the earliest. The petition filed by the petitioner is accordingly allowed. Copy of the order be sent to the learned trial Court for information and compliance. June 30, 2008 ( V.K. Ahuja), J. (BSS)