CRL.M.C./768/2017 of SUGAM SINGH & ORS. Vs STATE OF NCT OF DELHI & ANR.
Parties
- SUGAM SINGH & ORS (PETITIONER)
- STATE OF NCT OF DELHI & ANR (RESPONDENT)
Cites (1)
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*IN THE HIGH COURT OF DELHI AT NEW DELHI
+CRL.M.C. 768/2017 and CRL.M.A. no. 9386/2017
SUGAM SINGH & ORS.
..... Petitioners
ThroughMr. B.P. Singh, Mr. Ankur Yadav andMr. Vikas Poonia, Advs.
versus
STATE OF NCT OF DELHI & ANR.
..... RespondentsThroughMr.M.S.Oberoi,APPwithSINarenderPalSingh,P.S.G.T.B.Enclave
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
O R R%26.09.2018
Learned counsel for the petitioners submits that opportunity of thepetitioner to cross-examine PW4 Shri Rahul Sarsawat was closed on 2[nd]August, 2013. However, petitioner filed an application under Section 311Cr.P.C. on the same day, which was allowed, vide order dated 3[rd]August,2013. Thereafter, PW4 Shri Rahul Sarasawat was not summoned in Courtnor was tendered for cross-examination by petitioner on any date. Despitethis, vide order dated 4[th]February, 2017 prosecution evidence has beenclosed on the statement made by learned APP that no other witness remainsto be examined.Learned counsel further submits that this is clearly
incorrect. PW4 is yet to be produced in Court for cross-examination by thepetitioner, pursuant to the order dated 3[rd]August, 2013.Matter is listedbefore the trial court on 15[th]October, 2018. Trial court shall verify this facton the next date and in case PW4 Shri Rahul Sarasawat has not beenproduced in the witness box after 3[rd]August, 2013 for cross-examination bythe counsel for petitioners, he be summoned for the date to be fixed by thetrial court and petitioners be afforded opportunity to cross-examine the saidwitness.
Petition is disposed of in the above terms. Miscellaneous applicationis disposed of as infructuous.
Dasti
A.K. PATHAK, J.
SEPTEMBER 26, 2018r.bararia