Narayan Shukla, J. - (1.) HEARD Mr. Manoj Sahu, learned Counsel for the petitioner as well as learned Addi tional Government Advocate.
(2.) THE petitioner has challenged the order dated 3.11.2008 passed by the Special Judge E.C. Act, Faizabad in Criminal Case No. 1/05, whereby the petitioner's application for providing him opportunity to cross examine P.W.3 has been rejected on the ground that sufficient opportunity for cross- examination has been availed by the defence Counsel. The learned Counsel for the peti tioner submits that petitioner moved an application dated 30.1.2008 for adjournment on behalf of his Counsel before the Trial Court for providing him opportunity to cross- examine the prosecution witness No. 3 on the ground that his Counsel is out of station, but the Trial Court on the same date rejected the said application on the ground that the prosecution side was asked to cross-examine him but since he failed to cross-examine him, his evidence was closed on the same very date and the matter was posted for another date for remaining evi dence. Considering the facts and circum stances of the case I am of the view that the petitioner should have been given oppor tunity to cross-examine P.W. 3 but it has not been done so. In the interest of justice, I hereby provide that the Court below shall provide one more opportunity to the peti tioner to cross- examine P.W. 3 and the petitioner without taking any further ad journment shall avail the said opportunity on the date fixed by the Court below. The order dated 3.11.2008 passed by the Special Judge E.C. Act, Faizabad in Criminal Case No. 1/05 is hereby set aside.
(3.) THE petition is allowed. Petition Allowed.;