CRM No. M 21478 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 21478 of 2010 Date of decision: 10.09.2010 Baljit Singh ........ Petitioner Versus State of Punjab .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Kewal Singh, Advocate for the petitioner Mr. K S Pannu, DAG, Punjab for the respondent State -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) This is a petition under Section 482 of the Code of Criminal Procedure for quashing the order dated 09.07.2010 passed by learned JMIC, Mukerian in case FIR No. 95 dated 03.07.2006 under Section 323, 324, 325, 34 of Indian Penal Code, P S Mukerian, vide which, the request of the petitioner to cross examine the witnesses was declined. It is stated that the request of the petitioner to cross examine the witnesses was declined by JMIC Mukerian only on the ground that the predecessor Court had given opportunity to defence counsel to cross examine the witnesses but he did not appear on the relevant date and CRM No. M 21478 of 2010 2 thereafter, the defence counsel was also not present on 12.08.2008 when PW6 was present. It is also stated that the absence of the counsel for the petitioner was neither wilful nor intentional but due to the unavoidable circumstances. Be that as it may and without going into the question as to whether the absence of the counsel for the petitioner was wilful or otherwise, the party could not be allowed to suffer on account of the lapse on the part of the counsel. Truth should be ascertained. Accordingly and in the interest of justice, order dated 09.07.2010 passed by the JMIC, Mukerian is set aside and one last opportunity is granted to cross examine the witnesses PW5 and PW6 subject to payment of Rs.6,000/- as costs. The petitioner shall cross-examine the witnesses on the date as fixed by the trial Court. No further opportunity shall be granted. Allowed in the above terms. (Nirmaljit Kaur) Judge September 10,2010 mohan