Ritaj Tripathi vs The State (N.C.T. Of Delhi) & Anr.
2023 Latest Caselaw 370 Del

                                              Neutral Citation Number 2023/DHC/000594

                          $~90
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CRL.M.C. 542/2023 & Crl.M.A.2142/2023 (stay),

                                RITAJ TRIPATHI                                      ..... Petitioner

                                                      Through:   Mr. Niraj K. Mishra, Advocate.

                                                      versus

                                THE STATE (N.C.T. OF DELHI) & ANR.                  ..... Respondents

                                                      Through:   Mr. Satinder Singh Bawa, APP for
                                                                 the State with SI Sumit, PS Hauz
                                                                 Khas.

                          %                        Date of Decision: 27th January, 2023
                          CORAM:
                          HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

                                                           JUDGMENT

DINESH KUMAR SHARMA, J. (Oral)

Crl.M.A.2143/2023 (exemption)

Exemption allowed subject to all just exceptions.

CRL.M.C. 542/2023

1. This is a petition under Section 482 Cr.P.C. for setting aside the order dated 19.12.2022, whereby, the application of the petitioner/accused under Section 311 Cr.P.C. for recalling PW-4 and PW-5 was dismissed.

2. Learned counsel for the petitioner submits that in the absence of the cross-examination of these witnesses, the learned Trial Court shall not be able to adjudicate the matter.

Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:27.01.2023 17:44:07 Neutral Citation Number 2023/DHC/000594

3. Issue notice. Learned Addl. P.P. for the State accepts notice.

4. Learned Addl. P.P. for the State submits that the application for recalling of the witnesses was moved after three years and there was no plausible reason for recalling of the witnesses.

5. I have considered the submissions.

6. It is a matter of common knowledge that after March 2020, the functioning of the Courts was limited on account of the COVID-19 Pandemic. The present witnesses were examined on 07.02.2019 and 23.03.2019.

7. Without going in the merits of the case, in the interest of justice and for final adjudication of the matter in dispute, let PW-4 and PW-5 be recalled for the purpose of cross-examination, subject to the cost of Rs.20,000/- to be deposited with the Delhi State Legal Services Committee. However, the petitioner, after the witnesses appeared before the learned Trial Court, shall not seek any adjournment. In case the petitioner fails to cross-examine PW-4 and PW-5, the right shall stand extinguished.

8. In view of the above, the present petition along with the pending application stands disposed of.

DINESH KUMAR SHARMA, J JANUARY 27, 2023 st

Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:27.01.2023 17:44:07