Criminal Misc. No. M-5060 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-5060 of 2011 Date of decision : 20.07.2011 Manpreet Sharma ....Petitioner V/s State of Punjab and another ....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Amit Saini, Advocate for the petitioner. Mr. P.S. Bajwa, DAG Punjab. Mr. A.S. Cheema, Advocate for Mr. HBS Baidwan, Advocate for respondent No. 2. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 482 Cr.P.C. seeking quashing of orders dated 10.12.2007 and 8.01.2010 passed by Additional Sessions Judge, Fatehgarh Sahib and Additional Chief Judicial Magistrate, Fatehgarh Sahib respectively. Learned counsel for the petitioner submits that only one opportunity may be granted to the petitioner for recalling the complainant for cross-examination. He submits that though the complainant was cross- examined on 25.07.2008 but certain questions could not be put to him inadvertently. He has relied upon the judgment reported as Rajendra Prasad Vs. The Narcotic Cell through its Officer-in-charge, Delhi 1999(3) RCR(Criminal) 440 in support of his contention. Criminal Misc. No. M-5060 of 2011 2 Learned counsel for the respondents has opposed the prayer. He, however, submits that in case one opportunity is to be allowed to the petitioner for cross-examining the complainant the same should be subject to heavy costs. Heard. Admittedly, trial of the case is still pending at the stage of defence evidence. In view of law laid down in Rajendra Prasad’s case (supra), I am of the considered view that one opportunity can be granted to the petitioner to cross-examine the complainant. Accordingly, impugned orders, Annexure P-6 & P-7 are thus hereby set-aside and the trial court is directed to recall the complainant and grant one opportunity to the petitioner to cross-examine him. This however, will be subject to payment of `10,000/- as costs to be remitted to the respondent-complainant. Disposed of. July 20, 2011 (RAJAN GUPTA) Ajay JUDGE