S.S.Saron, J. - (1.) JUDGEMENT
(2.) THIS petition under Section 482 of the Code of Criminal Procedure has been filed for setting aside the orders dated 9.6.2005 (Annexure-P.2) and 22.4.2006 (Annexure-P.3) passed by the learned Judicial Magistrate Ist Class, Amritsar. In terms of the order dated 9.6.2005 (Annexure-P.2) three witnesses were present for the purpose of crossexamination but the counsel for the accused did not turn-up. Accordingly, the cross-examination was treated as nil. The accused filed an application for recalling the witnesses for cross-examination which has been dismissed by the subsequent order dated 22.4.2006 (Annexure-P.3). Learned counsel for the petitioner has submitted that the counsel for the petitioner was busy in another Court and, therefore, could Cr. Misc. No.30192-M/2006 Not cross-examine the PWs. It is submitted that ultimately it is the case of the accused that would be prejudiced and, therefore, the petitioner be granted one effective opportunity to cross-examine ASI Vijay Kumar and ASI Krishan Kumar. It is further submitted that the third witness i.e. Rajinder Sharma (complainant) is Not required to be cross-examined. Learned counsel appearing for the State has submitted that the case has been pending after framing charge on 28.3.2003 and the counsel for the accused on his own did Not appear to cross-examine the witnesses. Therefore, he is debarred from seeking cross-examination of the witnesses. After giving my thoughtful consideration to the matter, it is appropriate to Note that ultimately it is the accused whose case is likely to be prejudiced in case the cross-examination of the witnesses is Not done. The accused are entitled to fair trial and should Not suffer on account of the lapse of their counsel. Besides, the witnesses who are to be cross-examined are official witnesses being police officials. In view of the above facts and circumstances, it is evident that no prejudice would be caused to the State in case counsel for the accused is allowed to cross-examine ASI Vijay Kumar and ASI Krishan Kumar. For the foregoing reasons, the criminal miscellaneous petition is allowed and the petitioner through his counsel is granted one effective opportunity to cross-examine ASI Vijay Kumar and ASI Krishan Kumar.;