IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. -M No. 20377 of 2008 (O&M) Date of decision : November 12, 2008 Aman Kumar ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice Pritam Pal Present : Mr. Ramneek Vasudeva, Advocate for the petitioner Mr. IPS Sidhu, Sr. DAG Punjab Pritam Pal,J. (Oral) Petitioner has brought this petition under section 482 of Code of Criminal Procedure for quashing order dated 17.7.2008 passed by learned Chief Judicial Magistrate, Ropar whereby the opportunity to cross- examine three prosecution witnesses namely Salochna Devi, Neena Rani and Suman Bala has been closed by order in case FIR No. 93 dated 1.5.2005 under sections 279, 337, 338, 304-A IPC registered at Police Station Sadar Ropar. The contention of the learned counsel for the petitioner is that on the day when the aforesaid witnesses were examined in chief, the defence counsel could not appear to cross-examine them as he was busy in some other court. Though, this was not a valid ground for adjourning the case for cross-examination of the said witnesses on account of non availability of the defence counsel, but taking into consideration the factum Criminal Misc. -M No. 20377 of 2008 (O&M) -2- that the case is still fixed for recording the remaining evidence of the prosecution for 3.12.2008, as stated by learned State counsel, without commenting much over the state of affairs of this case, this petition is disposed of with a direction that the aforesaid three witnesses be now summoned for the next date of hearing for their cross-examination subject to payment of Rs 1000/- to be paid to each of the aforesaid witnesses before their cross-examination. ( Pritam Pal ) November 12, 2008 Judge 'dalbir'