C482/790/2021
2021 Latest Caselaw 2174 UK

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                                 C482 No. 790/2021
                                 Hon'ble N.S. Dhanik, J.

Mr. Sandeep Adhikari, Advocate, for the applicant.

Ms. Mamta Joshi, Brief Holder, for the State.

A Criminal Inquiry No. 05 of 2019, under Sections 323, 452 and 506 IPC, is going on against the applicant before the Juvenile Justice Board, Pithoragarh. In the said case, statement under Section 313 CrPC has already recorded. Thereafter the accused applicant moved an application under Section 311 CrPC seeking further opportunity to cross-examine the complainant. The said application was allowed, vide order dated 19.2.2021, by the Juvenile Justice Board and 26.2.2021 was fixed for cross-examination of the complainant. However, the accused applicant repeatedly sought adjournments on 26.2.2021, 5.3.2021 and 12.3.2021. Hence, the Juvenile Justice Board, vide order dated 12.3.2021, closed the opportunity. Accused appellant preferred appeal against the said order which was dismissed by the Sessions Judge, Pithoragarh vide impugned judgment and order dated 26.3.2021.

Having heard learned Counsel for the parties and considering the facts and circumstances of the case, this Court is of the view that sufficient opportunity has been granted to the accused applicant and it appears that only dilatory tactics are being adopted. The case is at the stage of final argument, yet the application under Section 311 CrPC was allowed and opportunity was granted to the accused applicant to cross-examine the complainant, but he failed to do so on three consecutive dates.

I find no merit in this C482 application and it is hereby dismissed.

Interim order, if any, stands vacated.

(N.S. Dhanik, J.) 1.7.2021 Pr