KEHAR SINGH Vs. STATE OF PUNJAB & ANOTHER

JUDGEMENT

(1.) By way of this petition, quashing of order dated 23.4.2012 (Annexure P-4) passed by the CJM, Patiala, whereby application of the petitioner for exemption from personal appearance was rejected, is sought.

(2.) It is not in dispute that vide order dated 20.4.2012 passed in CRM No. M-7266 of 2012 titled as Ranjit Singh v. State of Punjab & another, Ranjit Singh, who is the accused in complaint No. 133-T dated 25.9.2002/30.3.2011, was granted an opportunity to cross-examine the petitioner-Kehar Singh on the date fixed i. e. 23.4.2012. However, the petitioner moved an application seeking exemption from his personal appearance on 23.4.2012 on the ground that he has been directed by this Court to be present before it in pursuance of order dated 2.4.2012 passed in CRM No. 28085-M of 2007. But the trial Court, vide impugned order dated 23.4.2012, rejected the prayer of the petitioner and adjourned the case for 14.5.2012 for recording the remaining evidence of the complainant at his own risk and responsibility, subject to last opportunity. Thus, on the basis of the aforesaid facts, a prayer has been made that respondent No. 2 be directed to cross-examine the petitioner by giving one more opportunity.

(3.) After hearing learned counsel for the parties and keeping in view the fact that the petitioner was present in the High Court on 23.4.2012 (i. e. on the date on which he was supposed to be present in the trial Court for his cross-examination), the prayer of the petitioner is accepted and he is directed to be present before the trial Court on 30.5.2012 and one last opportunity is granted to him to be cross-examined by respondent No. 2 on the said date.