CM(M)/1185/2015 of REKHA SAWHNEY Vs THE STATE & ORS

$~A-16*IN THE HIGH COURT OF DELHI AT NEW DELHI

+CM(M) 1185/2015 & CM No.29271/2015

REKHA SAWHNEY..... PetitionerThroughMr.G.P.Thareja and Mr.C.P.Suri,Advs.

versus

THE STATE & ORS

..... RespondentThroughMr.Saumitra Singhal, Adv. for R-2

CORAM:HON'BLE MR. JUSTICE JAYANT NATH

%27.09.2016

By the present petition the petitioner seeks to impugn the order dated1.10.2015 by which the right of the petitioner/respondent No.3 to cross-examine PW-2 Shri K.K.Mittal was closed. perusal of the impugned ordershows that adjournment was sought by the proxy counsel appearing for therespondents for cross-examination of the said witness in the afternoon on thesame date. The trial court, however, noted that the witness is 93 years ofage and has been waiting since morning. Keeping into account the age of thewitness the cross-examination of the petitioner was dispensed with and thewitness was discharged.

Learned counsel for the petitioner submits that the petitioner hasearlier never taken adjournments. He submits that even on the above date thepetitioner did not seek adjournment and only requested that the matter bekept after lunch as the counsel for the petitioner was held up in anothercourt.

Keeping in view the averments of the petitioner, in the interest ofjustice, one last opportunity is granted to the petitioner to cross-examinePW-2 Shri K.K.Mittal. Only one day will be granted to the petitioner tocross-examine PW-2 on date to be fixed by the trial court. Thisopportunity is granted to the petitioner subject to payment of cost ofRs.7,500/- to respondent No.2.

In view of the above, petition stands disposed of. All pendingapplications also stand disposed of accordingly.

SEPTEMBER 27, 2016

JAYANT NATH, J