Crl. Misc. No.M-36829 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-36829 of 2010 Date of Decision: 01.03.2011 Gurmeet Kaur and another ....Petitioners Versus Punjab Urban Planning and Development Authority ...Respondent CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. R.K. Trikha, Advocate for the petitioner. Mr. Harpreet Singh Giani, Advocate for the respondent. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. (ORAL) This is a petition under Section 482 Cr.P.C for quashing of order dated 19.11.2010 passed by the Chief Judicial Magistrate, Hoshiarpur, closing the cross-examination of the witnesses of the complainant and for a further direction to the Chief Judicial Magistrate, Hoshiarpur to stay the further proceedings till the disposal of the Criminal Revision No.25 of 2010 titled as Smt. Gurmeet Kaur and another vs. Punjab Urban Planing and Development Authority pending in the Court of Additional Sessions Judge, Hoshiarpur. It is pointed out that the charges were framed. Accordingly, the petitioners filed revision against the framing of charges. Since revision Crl. Misc. No.M-36829 of 2010 2 framing of charges was pending, the learned counsel for the petitioners did not cross examine the witnesses. As such, the cross examination was treated as Nil. Subsequently, the revision against framing of charges has been dismissed as late as on 14.02.2011. Meanwhile, since the proceedings had not been stayed before the trial Court, the matter is now fixed for 03.03.2011 for arguments. Learned counsel for the respondent, however, has vehemently opposed the prayer made by learned counsel for the petitioners. Heard. In view of the facts and circumstances of the case, as well as, in the interest of justice, lest the petitioners are deprived of fair trial, the present petition is disposed of with a direction to the trial Court to allow the petitioners to cross examine the witnesses. However, only one effective opportunity shall be granted, on which date, the petitioners shall complete the cross examination. The witnesses shall make themselves available on the said date of hearing. The above order is subject to the payment of Rs.10,000/- as costs. Disposed of accordingly. (NIRMALJIT KAUR) 01.03.2011 JUDGE gurpreet