Crl.M.C.No.4340/2011 Page 1 of 4 $~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. No.4340/2011 % Judgment delivered on:23rd December, 2011 DEEPAK ..... Petitioner Through : Mr.Anil Kumar Chowdhry, Adv. versus STATE ..... Respondent Through : Mr.Navin Sharma, APP for State with SI Ramesh Dixt, police station Timar Pur, in person. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J. (Oral) Crl.M.A.No.19897/2011(exemption) Exemption is allowed subject to just exceptions. Criminal M.A. stands disposed of. + Crl.M.C.No.4340/2011 1. Notice issued. 2. Mr.Navin Sharma, learned APP for State accepts notice. 3. With the consent of learned counsel for parties, matter is taken up for disposal. Crl.M.C.No.4340/2011 Page 2 of 4 4. Vide order dated 06.07.2010, the application of the petitioner under Section 311 Cr. P. C. for recalling the complainant / PW1 Sh.Devender Pal for cross-examination was dismissed by learned Trial Court for the reasons as under:- “After hearing the parties it is noted that the PW1 was first examined in the case on 24.03.2000 and said witness was not cross examined by any of the accused. Thereafter, the application u/s 311 Cr.PC was moved by counsel for the both the accused Sh.D K Bhatia on 28.09.2004 and the application for recalling PW1 was allowed subject to cost of Rs. 1000/- to be paid and availability of witness thereafter the PW1 had appeared on 23.08.2005 and both the accused had made talk of compromise. The cost of Rs. 1,000/- is not seen to be paid on record. Further, the accused Deepak had absented on 27.01.2005 when PW was present for cross examination. On 07.04.2006 it is stated by complainant that he does not wish to compromise. Thereafter, both the accused had absented on 10.11.2006. PW1 was present again on 05.10.2007 and cost of Rs. 1,000/- was paid to PW1 and on request of counsel for both the accused one more adjournment was granted to cross examine PW1 at 2.00 PM subject to cost of Rs. 500/-. On 07.02.2008 the PW1 had appeared again and again he was not cross examined by both the accused. Cost of Rs. 500/- is also remained unpaid. Now, the present application was moved on 23.04.2010. After hearing both the parties and keeping in view the conduct of both the accused I find the present application is frivolous and seen to be conduct of accused Sandeep only to delay the trial and thereby the application of accused Sandeep u/s 311 Cr.PC stands dismissed with cost of Crl.M.C.No.4340/2011 Page 3 of 4 Rs.5,000/- which be paid in Legal Aid/DLSA within three days. Copy of the order be sent to Ld. Secretary DLSA for necessary information.” 5. Being aggrieved, the petitioner filed the Revision Petition No.62/2010 before learned Additional Sessions Judge and same has been dismissed vide order dated 30.09.2010 on the ground that the petitioner/ accused has already been granted sufficient opportunities to cross-examine the complainant. The same has not been availed by petitioner. 6. The order under challenge in the instant petition is dated 30.09.2010 passed by learned Additional Sessions Judge. The petitioner/accused is interested in linger on the case, therefore, he has challenged the same after more than one year. Therefore, I have no hesitation to record that the petitioner / accused is not a sincere and is interested in delaying the matter, therefore, he deserves to be handled with high hands. 7. Be that as it may be. 8. In the interest of justice, I allow the instant petition subject to costs of `10,000/- out of which ` 5,000/- to be paid to the complainant and ` 5,000/- be paid in favour of “Welfare Fund for Children and Destitute Women at Nirmal Chhya, Jail Road, Tihar, New Delhi” within two weeks from today. I make it clear that learned Trial Court shall afford only single opportunity to petitioner to conduct and conclude the cross examination of the complainant. In case of failure Crl.M.C.No.4340/2011 Page 4 of 4 on the part of petitioner to conduct or conclude the cross-examination of complainant, on a particular day fixed by learned Trial Court, it is open for the learned Trial Court to proceed as per law. 9. It is further clarified that if the petitioner fails in making the payment of costs within the time stipulated above, the relief granted to petitioner stands cancelled. 10. Petitioner shall appear before learned Trial Court on 20.01.2012 at 02:00PM for fixing the date for appearance and cross-examination of complainant. 11. Consequently, Criminal M.C.No.4340/2011 is allowed and stands disposed of. 12. Dasti. SURESH KAIT, J DECEMBER 23, 2011 Mk