1 S.B. Criminal Misc. Petition No.706/2010 M/s Yadav Buildcon Pvt. Ltd. and Anr. VS. Shri Ballabh Bihani Dated : 20.05.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Anil Jain for the petitioners. Mr. GP Sharma for the respondent. *** By way of this criminal Misc. Petition filed under Section 482 of Cr.P.C. the accused petitioners have implored to quash and set aside the order dated 20th March, 2010 whereby the Additional Chief Judicial Magistrate No.8, Jaipur City, Jaipur, did not grant any more opportunity to cross examine the complainant and adjourned the case for recording the statement of the accused under Section 313 of Cr.P.C. Having heard the learned counsel for the parties and carefully perused the impugned order, it is noticed that the complainant-respondent submitted his affidavit on 10th August, 2006 in the Court and the case was adjourned for recording cross examination of the witness on the next date of hearing. Thereafter ample opportunity was given to the accused to cross examine the complainant but the accused every time went on praying to adjourn the cae for the purpose of cross examination. Ultimately on 20th March, 2010 the learned 2 trial Court dismissed the accused's prayer of granting any more opportunity for the cross examination of the complainant and closed the prosecution evidence on the ground that the case was pending for recording the cross examination of the complainant since August, 2006 and the accused intended to procrastinate the proceedings of the case. Learned counsel for the petitioner submitted that in the interest of justice, he may be given the last opportunity to cross examine the complainant as it is very necessary for the just decision of the case, failing which he would be deprived of his right to seek justice. E-converso, the learned counsel for the complainant-respondent opposed the submissions made and contended that the accused pertitioners wanted to procrastinate the trial of the case, hence, the petitioners should be prevented from abusing the process of Court. It is true that the case has been pending for recording the cross examination of complainant respondent since 2006 and a long period of more than three years has elapsed and the petitioners did not avail the right to cross examine the complainant despite having been given ample opportunity for 3 the same by the Court. Be that as it may, a last opportunity may be given to the petitioners to cross examine the complainant-non-petitioner so as to meet the ends of justice. For these reasons, the criminal misc. petition filed under Section 482 of Cr.P.C. by the accused petitioners is allowed and the impugned order dated 20th March, 2010 passed by Additional Chief Judicial Magistrate No.8, Jaipur City, Jaipur is set aside. Both the parties along with their counsels are directed to appear before the Court of Additional Chief Judicial Magistrate No.8, Jaipur City, Jaipur on 7th June, 2010, on which date, the learned counsel for the petitioners shall avail the last opportunity to cross examine the complainant-respondent Shri Ballabh Bihani. In case the petitioners, for one or the other reason, fail to cross examine the complaint respondent on that day, the learned trial Court shall be at liberty to proceed with the case in accordance with the provisions of law. (MAHESH BHAGWATI)J. Pcg