IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 747 of 2010 Baburam …Applicant Versus State of Uttarakhand and another …Respondents Mr. S.K. Shandilya, Advocate for applicant. Mr. S.S. Adhikari, learned A.G.A. for the State of Uttarakhand. Hon’ble Nirmal Yadav, J. Heard learned counsel for the parties. This Miscellaneous Application under Section 482 Cr.P.C. has been filed by the applicant for challenging the order dated 25th May 2010 passed by Chief Judicial Magistrate, Haridwar vide which the application of the applicant under Section 311 Cr.P.C. to recall the witnesses namely, Dr. Suresh Agarwal (PW-4) and Investigating Officer T.S. Rana (PW-5) has been rejected. Learned counsel for the applicant states that three opportunities were at the hands of the applicant to cross- examine Dr. Suresh Agarwal (PW-4) after the application for recalling the witnesses filed by the applicant, was allowed by the trial court. On 6th October 2009 the counsel for the applicant was busy in some other court, on 17th December 2009, the advocates were on strike and on 15th February 2010 the counsel for the applicant moved application for adjournment of the case as he was not well. The learned counsel for the applicant states that only one opportunity was given to the applicant to cross examine Investigating Officer T.S. Rana (PW-5) on 15th February 2010 but on that date his counsel could not come to the court. Learned counsel for the applicant therefore, prayed that only one opportunity may be given to cross examine the aforesaid witnesses. 2 Learned A.G.A. for the State contends that this case is pending for the last more than ten years. The applicant has been granted several opportunities to cross-examine the witnesses, however, in order to delay the proceedings, the application under Section 311 Cr.P.C., to recall the witnesses, has been moved. He further stated that the matter has culminated at the final stage and fixed for arguments. Learned counsel for the applicant undertakes that whatever date is fixed by the trial court, the petitioner shall cross-examine the witnesses either himself or through counsel. Taking into consideration the facts and circumstances of the case, this Court is of the view that it would be appropriate in the interest of justice to give only one opportunity to the applicant to cross-examine the witnesses namely, Dr. Suresh Agarwal (PW-4) and Investigating Officer T.S. Rana (PW-5) subject to the payment of Rs. 2,500/- as cost to be deposited with the High Court Legal Service Authority within a week from today. Accordingly, order dated 25.05.2010 is set aside and the trial court is directed to give only one opportunity to the applicant to cross-examine both the witnesses namely, Dr. Suresh Agarwal (PW-4) and Investigating Officer T.S. Rana (PW-5) on one single date. In view of the above terms, this application is disposed of. (Nirmal Yadav, J.) VKG 23.12.2010