IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Miscellaneous Application No. 231 of 2011 Unique Taneja ……… Applicant. Versus State of Uttarakhand ……… Respondent. Ms. Anjali Noliyal, Advocate for the applicant. Mr. P.S. Bohra, Brief Holder (Govt. of Uttarakhand) for the respondent. Date of Judgment: 15.03.2011 BARIN GHOSH, CHIEF JUSTICE Time to surrender before the Magistrate is extended by two weeks from today. 2. The ground for not cross-examining the witness and seeking an adjournment was that the Advocate of the applicant had undergone an eye operation. That is no ground, either for an adjournment or for refusing to cross-examine the witness. If for eye operation the Advocate was incapable of discharging professional duty on that day, it was obligatory on his part to return the brief to his client. He could not retain the brief and wasted the Court’s time. However, it shall be open to the applicant to re-approach the Magistrate and to seek for recall of the order, whereby cross-examination of the Prosecution Witness has been closed. 3. The application stands disposed of. (Barin Ghosh, C.J.) 15.03.2011 Amit