The High Court while allowing a counsel to continue with the cross-examination of the prosecution witness on the next day of hearing held that the counsel cannot be compelled to conclude the cross examination on the day that it starts, unless it is rarest of the circumstances.
Brief Facts:
The present writ petition is filed against the order of the Civil Judge vide which the right of the Petitioner (Defendant in the suit) to cross-examine a prosecution witness was closed.
It was contended by the Petitioner that during the examination of the said witness the Petitioner had sought an adjournment for further cross-examination as the cross examination was started at 3 pm and it went on till 6:10 pm. However, the Civil Judge had declined the request for the same.
Observations of the Court:
The High Court observed that prima facie rejecting the plea of the Petitioner for continuing with the cross-examination on the next date of hearing was unjustified. It also remarked that the findings of the Civil Judge such as that the plaintiff was 80 years old, and some irrelevant questions were put to her are not relevant considerations.
The Delhi High Court propounded that although the Court has the discretion to not allow irrelevant and immaterial questions to be asked, but the Court cannot compel a counsel to finish the cross examination on the day that it starts, unless the circumstances are rarest of rare.
Decision of the Court:
Therefore, the Court allowed the Petitioner to cross examine the witness on the next date of hearing and allowed the petition.
Cause Title: Sunita v. Premwati
Bench: Hon’ble Mr. Justice C. Hari Shankar
Decided on: October 27th, 2022
Read Judgment @LatestLaws.com:
Picture Source :
