Allahabad High Court
Ravi Shankar vs State Of U.P. Thru. Prin. Secy. ... on 4 January, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- APPLICATION U/S 482 No. - 9972 of 2022
Applicant :- Ravi Shankar
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another
Counsel for Applicant :- Arvind Kumar Pathak,Sandeep Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant, Sri Sushil Kumar Pandey, learned A.G.A. for the State and perused the record.
The instant application under section 482 Cr.P.C. has been filed for setting aside the order dated 09-05-2022 passed by the Juvenile Justice Board of Sultanpur in case of(State Vs. Ravi Shankar Tiwari), Case Crime No. 516/2012, U/s 307,323,504,506 & 115 I.P.C., Police Station-Kurebhar, District-Sultanpur and also for setting aside the order dated 28-04-2022 passed by the Juvenile Justice Board,Sultanpur.
Learned counsel appearing for the applicant submits that the Juvenile Justice Board, Sultanpur vide order dated 09-05-2022 has stopped the opportunity of cross-examination of the prosecution witnesses, illegally and arbitrarily and thus, the impugned order dated 09-05-2022 is liable to be set aside. Adding his arguments, he submits that in fact the reason for terminating the opportunity for cross-examination mentioned in the impugned order dated 09-05-2022 is not reasonable one as the Juvenile Justice Board while stopping the opportunity has considered the reason that the father of the applicant was shouting before the court, for which the present applicant cannot be made liable. He further added that the present applicant is still ready to pay the amount of Rs. 250/- as fine within the stipulated period of time as may be fixed by this court. He submits that there are settled proposition of law that the opportunity of cross-examination cannot be closed for nonest reasons and grounds. In support of his version, he has placed reliance on para no. 28 of the Judgment of the Apex Court in the case of Varsha Garg Vs the State of Madhya Pradesh, reported in 2022 SCC OnLine SC 986, which is extracted hereinunder :-
"28 Having clarified that the bar under Section 301 is inapplicable and that the appellant is well placed to pursue this appeal, we now examine Section 311 of CrPC. Section 311 provides that the Court 'may':
(i) Summon any person as a witness or to examine any person in attendance, though not summoned as a witness; and
(ii) Recall and re-examine any person who has already been examined.
This power can be exercised at any stage of any inquiry, trial or other proceeding under the CrPC. The latter part of Section 311 states that the Court "shall" summon and examine or recall and re-examine any such person "if his evidence appears to the Court to be essential to the just decision of the case". Section 311 contains a power upon the Court in broad terms. The statutory provision must be read purposively, to achieve the intent of the statute to aid in the discovery of truth."
Referring the aforesaid judgment, he submits that the Apex Court has also held that the opportunity of cross-examination or other examinations during the course of criminal proceedings cannot be withheld/stopped or terminated without giving cogent reason while passing the stopping order. Thus, he submits that the order dated 09-05-2022 passed by the Juvenile Justice Board of Sultanpur is liable to be set aside.
On the other hand, learned A.G.A. appearing for the State has vehemently opposed the contentions aforesaid and submits that the learned court below while passing the order has given specific reason for stopping the opportunity of cross-examination with the prosecution witnesses and thus, there is no illegality or infirmity in the order passed by the court below and the ratio of Judgment of the Apex Court in the case of Varsha Garg(Supra) cannot be applicable in the facts and circumstances of the present case.
Considering the submissions of learned counsels for the parties and after perusal of the material placed on record, it is evident that the opportunity of hearing for cross-examination of the present applicant has been closed/terminated on the one or other ground that the father of the applicant was shouting before the court and in these circumstances, this court feels that the opportunity of hearing of the juvenile before the Juvenile Justice Board cannot be closed on the first ground that amount of fine could not be deposited by the juvenile before the Juvenile Justice Board.
So far as the second ground is concerned, this finding is based on the first ground. Thus, the impugned order dated 09-05-2022, prima-facie seems to be illegal. In this view of the matter, the order dated 09-05-2022 passed by the Juvenile Justice Board of Sultanpur in case of(State Vs. Ravi Shankar Tiwari), Case Crime No. 516/2012, U/s 307,323,504,506 & 115 I.P.C., Police Station-Kurebhar, District-Sultanpur is hereby set aside. The court below will fix a date within thirty days from the date of passing of this order while providing opportunity of hearing of cross-examination of the prosecution witnesses by the applicant and in case of non cooperation or non appearance by the present applicant, benefit of this order shall cease to an end.The applicant shall not seek any unnecessary adjournment.
With the aforesaid observations, the instant application is hereby allowed.
Order Date :- 4.1.2023
AKS
