C528/332/2026
2026 Latest Caselaw 1683 UK

Uttarakhand High Court

C528/332/2026 on 9 March, 2026

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                                 C-528 No. 332 of 2026
                                 Hon'ble Alok Mahra, J.

Mr. Saurabh Kumar Pandey, learned counsel for the applicant.

2. Ms. Pushpa Bhatt, learned D.A.G. alongwith Mr. S.C. Dumka, learned A.G.A. for the State.

3. The applicant has filed this application for recalling the order dated 29.10.2025 by which the opportunity of the applicant to cross-examine PW1 has been closed.

4. Learned counsel for the applicant would submit that PW1, who is S.H.O. and is presently posted at Rudrapur, District Udham Singh Nagar is the star witness in this case, therefore, if the applicant is not permitted to cross-examine this star witness, it would deprive the applicant of the most fundamental safeguard available in criminal jurisprudence, namely, the right to confront and cross-examine a prosecution witness whose testimony forms the backbone of the case.

5. Learned counsel for the applicant would further submit that statement of PW1 could not be recorded on several dates for one reason or the other and on 29.10.2025, when his statements were to be recorded, Senior Advocate engaged by the applicant was not available, therefore they requested for an adjournment for cross-examination. It is also submitted that it was for the first time applicant sought time for cross-examining PW1.

6. Perusal of the ordersheet would reveal that though earlier dates were fixed for recording statement of PW1 but actually his statements were to be recorded on 29.10.2025. It was for the first time applicant sought time for cross- examining PW1.

7. After perusing the records and having heard learned counsel for the parties, this Court, prima facie, is of the opinion that though, the application for adjournment filed by the Advocate for the applicant in the Trial Court is not very happily drafted, but, purely in the interest of justice, the order dated 29.10.2025 is hereby recalled. The Trial Court shall fix a date for cross- examination of PW1 and on that date, learned counsel for the applicant would cross-examine PW1. It is also made clear that no further adjournments shall be granted to the applicant for cross- examination of PW1.

8. With the above observation, the present criminal misc. application stands disposed of.

(Alok Mahra J.) 09.03.2026 Ujjwal