JUDGEMENT
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(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.;
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