BABU @ MANISH & ANOTHER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present petition under Section 482 Cr.P.C. has been filed by the applicant for setting aside/quashing the impugned order dated 01.09.2016 passed by the learned IInd Additional District Judge, Roorkee District Haridwar in Session Trial No.112 of 2012 "State vs. Narendra and others under Sections 147, 148, 149, 323, 307 IPC, P.S. Kotwali, Roorkee District Haridwar whereby the application of the applicant for permitting them to cross examine the PW1 & PW2 has been rejected.

(2.) Brief facts of the case are that applicants and one another person Naresh are accused in criminal case, pursuant to which the trial of the said case was commenced as Session Trial No.112 of 2012 State vs. Narendra and others under Sections 147, 148, 149, 323, 307 IPC, P.S. Kotwali Roorkee District Haridwar, which is pending before the IInd Additional District Judge Roorkee District Haridwar. An application was moved by the applicants alongwith accused Naresh under Section 311 Cr.P.C. before the trial court for cross examination of P.W.1 and P.W.2, which was rejected by the IInd Additional Session Judge Roorkee on 25.01.2016. Aggrieved by the said order, C482 Petition No.1004 of 2016 was preferred by co-accused Naresh before this Court. The said C482 Petition was disposed of by the Coordinate Bench of this Court on 16.08.2016 in the following manner:

(3.) Learned counsel for the applicant submits that once permission was granted to one of the co-accused to cross examine the witnesses P.W.1 and P.W.2, the learned IInd Additional Session Judge should not have refused the applicants to cross examine them. He submits that till date the trial is at the stage of prosecution evidence and if the applicants are provided opportunity of cross examination of P.W.1 and P.W.2, there will be no delay in the proceedings of the said trial. He further submits that cross examination of P.W.1 and P.W.2 is necessary to reveal the truth and an opportunity to adduce the defence is essential for just decision of the case, otherwise the accused will be deprived of their legal rights.