IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. M. No.13722-M of 2010 Date of Decision:19.8.2010 Jasbir Kaur @ Manjit Kaur and another .... Petitioners Versus State of Punjab and another .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. R.S. Sidhu, Advocate for the petitioners. Mr. K.S. Pannu, D.A.G. Punjab. **** 1.Whether Reporters of Local Newspapers may be allowed to see the judgment? 2.To be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? NIRMALJIT KAUR, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. for setting aside order dated 22.3.2010 (Annexure P-3) passed by learned Sub Divisional Judicial Magistrate, Garhshankar in case FIR No.103 dated 15.6.2005 under Section 420 IPC, Police Station Garhshankar, vide which the cross examination of prosecution witnesses No.1 and 2 was recorded as “nil opportunity given”. It is evident from the impugned order dated 22.3.2010 that the defence had failed to cross examine the witnesses in spite of the fact that they were present there. Learned counsel for the petitioners contended that the witnesses could not be examined as Sh. Pawandeep Singh, Advocate, who had been appearing on behalf of the petitioners before the learned Trial Court was appointed as Adhoc APP in march 2000 and he was posted at Hoshiarpur. For this reason, the prosecution witnesses could not be cross Crl. M. No.13722-M of 2010 -2- examined on 22.3.2010 as the petitioners could not engage new counsel. In view of the above and in the interest of justice, impugned order dated 22.3.2010 is set aside and the petitioners shall be granted one last opportunity to cross examine the said witnesses by the trial Court. The said witnesses shall be bound down for one particular date on which date, the petitioners shall duly cross examine the said witnesses. Failing which, no further opportunity shall be granted. The petition is allowed in the above terms. 19.8.2010 ( NIRMALJIT KAUR ) rajeev JUDGE