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Judgment
Arvind Singh Chandel, J
With the consent of Learned Counsel appearing for the parties, the matter is heard finally.
The revision has been preferred against the order dated 9.5.2018 passed by the Special Judge (under the Prevention of Corruption Act), Durg in Case No.3 of 2015, whereby the Trial Court has closed the opportunity of cross-examination of prosecution witness B.S. Paikara.
Shri T.K. Tiwari, Learned Counsel appearing for the Applicant submits that the matter relates to the Prevention of Corruption Act which is a heinous crime. On 9.5.2018, prosecution witness B.S. Paikara was present before the Trial Court, who is the Investigating Officer, but, on 9.5.2018 also, Learned Counsel for the Applicant (Shri T.K. Tiwari, Advocate himself) was not present at Durg because his daughter was admitted in a hospital at Hyderabad and he had gone to Hyderabad. He could not appear before the Trial Court and the Trial Court has closed the opportunity of cross- examination of prosecution witness B.S Paikara vide the impugned order dated 9.5.2018. He prays that one opportunity may be afforded for the purpose.
Shri Satish Gupta, Learned Counsel appearing for the Respondent/State opposes the prayer.
I have heard Learned Counsel appearing for the parties and perused the material available with due care.
Taking into consideration the facts and circumstances of the case, particularly, considering that Counsel for the Applicant Shri T.K. Tiwari was not present at Durg on 9.5.2018 as his daughter was hospitalised at Hyderabad and he had gone to see her at Hyderabad, he deserves to be granted an opportunity as prayed for by him.
Therefore, prosecution witness B.S. Paikara is permitted to be further cross-examined by the Counsel for the Applicant. It is further directed that all the expenses of witness B.S. Paikara for his appearance before the Trial Court and for his further cross- examination shall be borne by the Applicant himself. Since B.S. Paikara is a retired officer and is residing at Jashpur, he, if so desires, is permitted to travel from Jashpur to Durg and back by a private taxi, and expenses of his to and fro travel by a private taxi shall be borne by the Applicant.
Thus, the instant revision is allowed in the aforesaid terms.