Indeep Kohli v. Joginder Singh Bagga & Anr.

Delhi High Court · 10 Dec 2018 · 2018:DHC:8588
Chander Shekhar
CRL.M.C. 5559/2018 & CRL.M.A. 35426/2018; CRL.M.C. 5560/2018 & CRL.M.A. 35428/2018
2018:DHC:8588
criminal appeal_allowed

AI Summary

The Delhi High Court allowed the petitioner a limited 10-minute opportunity to cross-examine the complainant with suggestions relevant to his defence, setting aside the earlier restrictive order subject to costs.

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HIGH COURT OF DELHI
CRL.M.C. 5559/2018 & CRL.M.A. 35426/2018
CRL.M.C. 5560/2018 & CRL.M.A. 35428/2018
INDEEP KOHLI Petitioner
Through: Mr. Deepak Diwan, Mr. Kartik Gandotra and Ms. Shivani Kant, Advs.
VERSUS
JOGINDER SINGH BAGGA & ANR .... Respondents
Through: Mr. Manmeet S. Arora, Adv.
CORAM:
HON'BLE MR. JUSTICE CHANDER SHEKHAR
10.12.2018
ORDER

1. Learned counsel for the petitioner submitted that the petitioner only wishes to put some suggestions only to put up his defence to the respondent No.1/complainant in cross-examination and it will take hardly 10 minutes.

2. Learned counsel for the respondents submitted that though the respondent No.l is 81 years old, but just to cut short delay in the matter, in case the Court restricts the time limit of cross-examination as per the submissions of the learned counsel for the petitioner regarding the suggestions, the prayer may be allowed.

3. In view of these facts, the impugned order dated 11.10.2018 is set aside subject to payment of cost of Rs.5,000/- by the petitioner to the respondent No.l in each case and the petitioner is granted one 2018:DHC:8588 t k opportunity to put the suggestions only regarding his defence to the complainant and the cross-examination of the respondent No.l/complainant as submitted should be completed within 10 minutes.

4. Learned counsel for the parties submitted that the matter before the learned Magistrate is fixed for 9.1.2019.

5. It is clarified that under no circumstances, further opportunity or fiirther date would be given to the petitioner for cross-examination in case the petitioner fails to cross-examine the respondent No.l/complainant in terms of the aforesaid order.

6. The present petitions are disposed of in the above terms. CRL.M.As. 35426/2018 & 35428/2018 are also disposed of P GRANDER SHEKHAR, J DECEMBER 10, 2018