High CourtsSingle Bench(2024) 03 P&H CK 0027

Surender Singh vs State Of Haryana And Another

Punjab And Haryana At Chandigarh · Decided on 7 March 2024

HON’BLE JUDGES
Gurvinder Singh Gill, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 9508 Of 2024 (O&M)

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Judgment

3 paragraphs · 172 words

Gurvinder Singh Gill, J

1.

Having heard learned counsel representing the petitioner, this Court does not find any infirmity in the impugned order dated 7.2.2024 (Annexure P-2) passed by learned Judicial Magistrate 1st Class, Safidon, District Jind, wherein the cross-examination of CW-3 – Karambir Singh has been treated as ‘Nil’.

2.

A perusal of the said order shows that the witness in question had appeared earlier and his cross-examination had been deferred. The Trial Court had infact even specifically warned that no further opportunity would be given thereafter. On the given date, some proxy counsel had appeared, but cross-examination was not conducted. It was noticed by the Trial Court that there were three separate Power of Attorneys filed by different counsel on behalf of the accused. As such, it is a case of a deliberate attempt on the part of the accused to delay the proceedings by not coming forward to cross-examine the witness. No grounds are made out to interfere with the impugned order. The instant petition, as such, is dismissed.