SAHAROON Vs. STATE

JUDGEMENT

(1.) The present petition is filed by the Petitioners under Article 227 of the Constitution of India read with Section 482 of the Cr.PC praying inter alia for setting aside the orders dated 27.1.2011 and 02.02.2011 passed by the learned ASJ in a case arising out of FIR No. 174/2008 lodged under Sections 398/34 IPC, registered with Police Station: Civil Lines, Delhi.

(2.) Counsel for the Petitioners states that that on 27.01.2011, the date fixed for recording the cross-examination of PW-6, PW-7 and PW-9, who were recalled for their cross-examination on the basis of an application filed by the Petitioners on 22.12.2009, subject to payment of costs of 5,000/-, the counsel for the Petitioners could not appear for the reason that he was held up before this Court in a case registered as Crl. Appeal No. 1044/2010. For that reason, the opportunity to cross-examine the recalled witnesses was closed vide order dated 27.1.2011. He further states that vide order dated 02.02.2011, a fresh application filed by the Petitioners under Section 311 Cr.PC was also dismissed while holding that there was no justification to recall the witnesses at the instance of the defence counsel. He submits that the matter is now listed before the trial court tomorrow for orders.

(3.) On enquiry, counsel for the Petitioners states that after 02.02.2011, the date on which the application filed by the Petitioners under Section 311 Cr.PC was dismissed, the matter was listed on two dates. It was fixed for recording the statements of the accused/Petitioners under Section 313 Cr.PC on 15.02.2011. On the said date, statements of the accused/Petitioners were duly recorded and the matter was fixed for 01.03.2011 for arguments. However, on 1.3.2011, at the request of the counsel for the Petitioners, the case has been adjourned for tomorrow. Now comes the present petition on the eve of the hearing of the matter before the learned ASJ.