IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.44821 of 2009 in Crl.Misc.No.M-16366 of 2009 (O&M) Date of Decision:- 04.09.2009 Surinder Kumar and another ....Petitioner(s) vs. Suman Kumar ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.J.B.S.Gill, Advocate, for the petitioners. *** AUGUSTINE GEORGE MASIH, J. Crl.Misc.No.44821 of 2009 Allowed as prayed for. Certified copy of the zimni orders (Annexure P-4) is taken on record. Crl.Misc.No.M-16366 of 2009 Counsel for the petitioners submits that a perusal of the zimni orders would show that only three opportunities were available to the petitioners, out of which, one date was granted because the Presiding Officer was on leave. So, there were only two effective opportunities available to the petitioners to cross-examine the complainant. He further contends that none of the orders indicate that the complainant was made available for the purpose of cross-examination. Counsel, however, contends that one last opportunity may be granted, however, subject to payment of costs so that no prejudice is caused to the petitioners. He, however, contends that the observation of the Court that the petitioners would further be granted an opportunity of cross-examination after framing of the charge, Crl.Misc.No.M-16366 of 2009 (O&M) -2- although would be available but the right of the petitioners would be prejudiced as they by the cross-examination of the complainant would well be in a position to show that the complainant has not been able to make out any case against them and there would be no occasion for framing of charges. Having heard counsel for the petitioners and having gone through the records of the case, it would be just and equitable that one last and final opportunity is granted to the petitioners to cross-examine the complainant. Counsel informs that the case is now fixed for 12.9.2009. Let the complainant be made available on the date fixed for the purpose of cross-examination and if he does not come present, one effective opportunity be granted to the petitioners to cross-examine the complainant. This shall however be subject to payment of Rs.3000/- as costs. Petition stands disposed of. September 04, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE