Jasbir Singh Chawla vs State (Nct Of Delhi)
2011 Latest Caselaw 6142 Del

*                  IN THE HIGH COURT OF DELHI AT NEW DELHI

+                          CRL.M.C. 2971/2011


                                       Date of Decision : 14.12.2011

JASBIR SINGH CHAWLA                         ..... Petitioner
                 Through: Mr.Deepak Anand, Adv.

                                    versus

STATE (NCT OF DELHI)                      ..... Respondent

Through: Mr. Narender Mann, Standing Counsel for CBI

CORAM :

HON'BLE MR. JUSTICE V.K. SHALI

V.K. SHALI, J. (oral)

1. I have heard the learned counsel for the petitioner.

2. This is a petition filed by the petitioner under Section 482 Cr.P.C.

for setting aside the order dated 20.08.2011 passed by the

learned Special Judge, Tis Hazari Courts, Delhi, whereby, the

application of the petitioner under Section 311 Cr.P.C. for

recalling PW-10 for further examination was disallowed.

3. A perusal of the impugned order dated 20.08.2011 shows that

the petitioner has been indulging in dilatory tactics. He had

ample opportunities to cross examine the witness, yet repeated

dates were taken by the petitioner for the purpose of cross

examination. An accused cannot be permitted to harass the

witnesses by repeatedly taking adjournment when he is present

for cross examination and thereafter, file an application for

recalling him. This is a gross abuse of the processes of law.

4. I do not find any infirmity, illegality or impropriety in the order

passed by the learned Special Judge. Neither there is any abuse

of the processes of law nor does it warrant any order, other than

the one which has been passed by the learned Special Judge.

Accordingly, the petition is dismissed.

V.K. SHALI, J December 14, 2011 KP