Crl. Misc. No.M-24577 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-24577 of 2009 Date of decision:03.09.2009 Kuljit Kumar and others ....Petitioners versus State of Punjab ....Respondent Coram:- HON'BLE MR. JUSTICE L. N. MITTAL. Present: Mr. Deepak Sabherwal, Advocate for the petitioners. L. N. MITTAL, J (ORAL) Notice of motion. Mr. Gaurav Garg Dhuriwala, AAG, Punjab accepts notice on behalf of State of Punjab.Copy of the paper book supplied to him. On request of learned counsel for the parties, the instant petition is taken up for final disposal today itself. Accused Kuljit Kumar and three others have filed this petition under Section 482 of the Code of Criminal Procedure (in short, Cr.P.C) for quashing impugned order dated 06.08.2009 (Annexure P-3) passed by learned Additional Chief Judicial Magistrate, Kapurthala thereby treating the cross-examination of three witnesses to be NIL on behalf of accused petitioners. I have heard learned counsel for the parties and perused the case file. Perusal of the impugned order reveals that examination- in-chief of Kulwant Singh and Balwant Singh was recorded on 09.09.2005, but their cross-examination was not conducted on behalf Crl. Misc. No.M-24577 of 2009 -2- of petitioners for almost four years till the passing of the impugned order on 06.08.2009 whereas examination-in-chief of another PW Ajit Singh was recorded on 09.01.2009 and he was also not cross- examined till the passing of the impugned order. Learned counsel for the petitioners refers to some of the zimni orders of trial Magistrate (Annexure P-2), but the said orders start from the date 08.04.2008 only whereas examination-in-chief of Kulwant Singh and Balwant Singh had been recorded on 09.09.2005. Moreover, even the zimini orders (Annexure P-2) reveal the lapse of the petitioners and their counsel on some dates of hearing. However, inspite of the lapses on behalf of the accused petitioners, in my considered opinion, ends of justice would be met if the petitioners are granted only one more opportunity to cross- examine the aforesaid three witnesses on payment of exemplary cost. The instant petition is accordingly allowed. Impugned order dated 06.08.2009 (Annexure P-3) passed by learned Additional Chief Judicial Magistrate, Kapurthala is set aside and it is directed that the petitioners shall be granted only one more opportunity for cross- examination of PWs Kulwant Singh, Balwant Singh and Ajit Singh subject to payment of Rs.10,000/- as cost, out of which a sum of Rs.2000/- each shall be paid to Kulwant Singh and Balwant Singh and Rs.1000/- to Ajit Singh whereas remaining amount of Rs.5000/- shall be deposited with the Court. ( L. N. MITTAL ) JUDGE 03.09.2009. A.Kaundal