IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-12290 of 2009 Date of Decision: October 22, 2009 Bawa Singh … Petitioner Versus State of Punjab … Respondent CORAM: HON’BLE MR. JUSTICE S.D. ANAND Present : Mr. Shakun Chaudhary, Advocate, for the petitioner. Mr. BBS Teji, AAG, Punjab. ***** S.D. Anand, J. In terms of the order dated 10.08.2009, the learned State counsel has placed on record certified copies of number of interim orders passed by the Court below. Those certified copies of the interim orders are taken on record. In the context of the plea raised by the petitioner for the recall of Avtar Singh PW for cross-examination, it may be noticed that he is the star witness for the prosecution and if his testimony is not allowed to be tested on the touchstone of cross-examination, it shall remain unrebutted and could form the basis of conviction. The petitioner was certainly amiss by avoiding to cross-examine him on 2/3 dates on which he was presented for cross-examination. At the same time, averred dereliction on the part of the counsel cannot be allowed to be used to the detriment of the petitioner. In the larger interest of the justice, this petition shall stand allowed. The presence of PW Avtar Singh shall be secured by the Court by issuance of an appropriate process and, on the very first date that witness appears, he shall be cross-examined. If he is not cross- examined on the first date, no further opportunity shall be granted therefor. Disposed of accordingly. October 22, 2009 ( S.D. Anand ) vinod Judge