CRL.M.C./332/2019 of KAILASH CHAND GUPTA Vs THE STATE ( GOVT OF NCT DELHI)
Parties
- KAILASH CHAND GUPTA (PETITIONER)
- THE STATE ( GOVT OF NCT DELHI (RESPONDENT)
Cites (1)
Statutes cited (2)
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*IN THE HIGH COURT OF DELHI AT NEW DELHI
+CRL.M.C. 332/2019 and Crl. M.A. no. 1433/2019
KAILASH CHAND GUPTA..... PetitionerThroughMr. Aditya Gaur, Adv.
versus
THE STATE ( GOVT OF NCT DELHI)..... RespondentThroughMs. Manjeet Arya, APP
CORAM:HON'BLE MR. JUSTICE A.K. PATHAKO R R%22.01.2019
By this petition under Section 482 Cr.P.C., petitioner has assailed theorder dated 10[th]November, 2017 passed by the learned MetropolitanMagistrate, Delhi whereby application under Section 311 Cr.P.C. of thepetitioner for recalling PW4 Dev Kalra for cross-examination has beendismissed.I have perused the impugned order and do not find anyperversity therein.It appears that PW4 was not cross-examined by thepetitioner’s counsel despite several opportunities granted to the petitioner.Opportunity of petitioner to cross-examine PW4 Dev Kalra was closed, videorder dated 7[th]January, 2015.An application under Section 311 Cr.P.C.was filed, which was allowed by the trial court, subject to payment of cost ofRs.5,000/- and PW4 Dev Kalra was recalled in the witness box.This
opportunity was again not availed, inasmuch as even cost was not paid.Accordingly, opportunity of petitioner to cross-examine PW4 was againclosed.
Petition is dismissed.Miscellaneous application is disposed of asinfructuous.
JANUARY 22, 2019r.bararia
A.K. PATHAK, J.