KULDEEP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) While issuing notice, interim order was passed in favour of the petitioner and today the matter is listed for hearing the parties for finalisation of the interim order. However, with the consent of the parties, the matter was heard finally.

(2.) It is stated that a fair opportunity to cross-examine the witness has not been given to the accused and the chance of cross-examination was closed. An application was moved. However, the said application was also rejected by the court below. Hence, this petition.

(3.) It is stated that on 28.05.2009 affidavit of witness was filed and on the next date i.e. 05.06.2009 the complainant was not present thus, the matter was deferred to 10.06.2009. On 10.06.2009 since the senior advocate appearing in the case was not available, the matter was deferred to 06.07.2009 on payment of cost of Rs.300/- but then on 06.07.2009 while allowing the application filed for exemption of personal appearance, chance of cross examination was closed. It is stated that a fair opportunity of cross- examination has not been given and, thus, the order dated 06.07.2009 as well as the order dated 22.07.2009 may be set aside.