-1- IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 12TH DAY OF APRIL, 2011 BEFORE THE HONBLE MR. JUSTICE V. JAGANNATHAN CRLP.NO. 10561/2011 Between: Smt.G .Ratnamala, Aged about 49 years, 0cc.: Chief Accountant of Welfare Organization, District Bagalkot. Petitioner (By Sri.Shankar Hegder for Sri.Mohankumar M., Advocate) And: The State of Karnataka, By Lokayukta Bagaikot. Respondent (By Sri.M.B.Gundawade, Advocate) This criminal petition is filed under Section 482 of Cr.P.C. seeking to quash the impugned order dated 14.10.2010 Annexure-C passed in Special Case No.13/2009 pending on the file of the Special (Sessions) Judge, Bagalkot, by exercising power u/S.482 of Cr.P.C. This petition coming on for orders this day, the Court made the following: -2- ORDER Heard petitioner’s counsel Sri.Shankar Hegde for Sri.Mohankuniar.M., and also learned counsel Sri.M.B.Gundawade, who took notice for the respondent- State. 2. The submission of the petitioner’s counsel is that, the trial court did not provide an opportunity for the petitioner to further cross-examine PWs- I and 2 and when the matter was posted on 14.10.2010, the counsel for the petitioner was.not present, but the court closed the cross-examination of the above two witnesses and posted the matter for further dates. The submission made is that, on 14.10.2010, the petitioner’s counsel could not be present as he was not well and, in proof of the same, the learned counsel for the petitioner has produced the documents at Annexures-A and B. 3. Having thus heard the petitioner’s counsel and the learned counsel for the respondent, in view of the trial court having closed the cross-examination, without giving any opportunity to the petitioner to cross-examine PWs- 1 and 2, ) and since the counsel was absent and no reasons were forthcoming for his absence on that date, the trial court could not have closed the evidence, and, as such, in the interest of justice, it is necessary to allow the prayer sought for in this petition. 4. For the above reasons, the petition is allowed and the impugned order of the trial court dated 14.10.2010 closing the cross-examination of PWs-l and 2 is set aside and the petitioner’s counsel is permitted to cross-examine PWs-l and 2 on the date when the witnesses are kept present before the trial court. The matter be called before the trial court on 29.04.2011. Sd/ JUDGE r1p