AMARJEET SINGH MARWAH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The challenge in this revision is made to the judgment and order dtd. 18/7/2024, passed in Criminal Case No.3667 of 2022, by the court of Additional Chief Judicial Magistrate, Haldwani, District Nainital ('the case'). By it, an application filed by the revisionist for cross-examination of PW1 Smt. Harjeet Kaur, has been rejected.

(2.) Heard learned counsel for the parties and perused the record.

(3.) The case is based on chargesheet submitted against the revisionist under Ss. 452 and 506 IPC, which is based on the FIR lodged by PW1, Harjeet Kaur. In the case, on 25/5/2024, date was fixed for prosecution evidence. On that date, PW1, Harjeet Kaur, was present but the revisionist was not personally present. He was also not represented. The Court invoking the provisions of Sec. 309(2)(c) of the Code of Criminal Procedure, 1973 ('"the Code') proceeded to record the statement of PW1, Harjeet Kaur, and also recorded that the revisionist shall not have no opportunity to cross examine the PW1, Harjeet Kaur. Thereafter, an application under Sec. 311 of the Code was filed by the revisionist seeking permission to cross-examine PW1, Harjeet Kaur. It has been rejected by the impugned order.