I o/o $-36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3094/20t1 and Crl. M.A. Nos.10965-66/2OLt ISHWARI PARSAD ..... Petitioner Through Mr. Sunil Tiwari, Advocate VCTSUS STATE ..... Respondent Through Mr. Navin Sharma, APP for the State CORAM: HON'BLE MR. JUSTICE V.K. SHALI ORDER 16.09.2011 1. This is a petition for setting aside the order dated 06.06.20II by virtue of which the application of the petitioner under Section 311 Cr.P.C. for recalling of PW1 to PW3 for the purpose of their cross examination was dismissed being devoid of merit. 2. I have heard the learned counsel for the petitioner as well as the learned APP. -1 3. The learned counsel for the petitioner has contended that the petitioner is a very poor person and is employed as a Constable in Delhi Police. He could not cross examine the witnesses as his counsel could not appear on 24.O3.2OLL, the date fixeiron account of the lawyers'strike. Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified \ 4. It is stated that the testimony of PW1 to PW3 is very much material and in case the petitioner did not get the opportunity to cross examine these witnesses, it would cause prejudice to him. 5. So far ds, the payment of Rs.1000/- is concerned, it is contended that the petitioner was under the impression that the costs of t1000/- was to be paid to the witnesses and therefore, the same was not deposited by him. 6. The learned APP has stated that the petitioner must be burdened with the cost of {3000/- per witness as his conduct has resulted in the delay of the conclusion of the trial. 7. I have gone through the impugned order. Although the order shows that there is no infirmity in the same, however, in the interest of justice one more opportunity is given to the petitioner to cross examine the witnesses/ subject to the payment of costs as suggested by the learned APP. Accordingly in the larger interest, the petitioner be given one last opportunity for the purpose of cross.examination of PW1 to PW3 subject to his paying a costs of t3000/- for each of the three witnesses for the purpose of recalling them for cross examination on such date on which the trial may be fixed. So far as, costs of t1000/- is concerned, the same shall also be paid within one week. B. The costs of {3000/- each shall be paid to the witnesses who will appear on the date fixed by the learned Magistrate for the purpose of ) , cross examination. 9. With these observations, the petition is allowed. 10. The petitioner is directed to appear before the learned trial court" on 15.10.2011. 11. Dasti. v.K. sHALr,J fii &ro* txu{rr &f*'-t+e>ctq +*te".$tu:* - - \ SEPTEMBER !6,ZOLL b^"r €rY