KOMAL CHAND Vs. STATE OF M.P.

JUDGEMENT

(1.) IN the present petition under section 482 of the Code of Criminal Procedure, the petitioner claims that in proceedings under section 145, Cr.P.C. he should be given an opportunity to cross -examine the witnesses of the non -applicants 2 and 3, which opportunity was denied to him by the Courts below.

(2.) THE submission of the learned counsel for the applicant is that though the revisional Court had allowed his prayer for setting aside the ex parte order passed against him but the trial magistrate erred in not 'giving him opportunity to cross -examine the witnesses of the non -applicants 2 and 3 already examined. He is, therefore, aggrieved by the order of the trial magistrate as also that passed by the revisional Court.

(3.) IN view of this, this application is allowed. The orders passed by the Courts below, so far as denying opportunity to the applicant to cross -examine the witnesses of the non -applicants 2 and 3 (party No.1) is concerned, are set aside. For speedy disposal of this case, it is directed that the parties should appear before S.D.M. Sagar on 14.2.94 on which date the non -applicants 2and 3 (Party No.1) will produce their witness~$ already examined and offer them for cross -examination by the applicant. The S.D.M. will also permit the applicant to produce his witnesses on the next date. It is further directed that the trial magistrate should dispose of the proceedings as soon as possible.