High Court

2. Heard Sri Phool Chandra Singh, learned counsel for the applicant and Sri Ram Prakash Shukla, learned counsel for the State and perused the record.

3. The present application under Section 528 BNSS has been filed by the applicant Giriwar Singh @ Girwar Singh @ Girdhar with the following prayers:- "It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and:- 1- Stay the effect and operation of the order dated 10.2.2025 and 17.2.2025 passed by Additional Session Judge/Special Judge, Special Court No. 4 (Prevention of Corruption Act) Gorakhpur, Rejecting the opportunity of applicant/counsel for the applicant for Cross Examination of the PW-5, in Session Trial No. 2 of 2006 State Vs Ram Jee and others in Case Crime No. 100 of 1997 u/s 409, 420, 467, 468, 471, 477A, 120B IPC and 13 (1)d read with section 13 (2) of The Prevention of Corruption Act, 1988 Police Station-Gola, District-Gorakhpur. 2- Quash the order dated 10.2.2025 and 17.2.2025 passed by Additional Session Judge/Special Judge, Special Court No 4 (Prevention of Corruption Act) Gorakhpur, Rejecting the opportunity of applicant/counsel for the applicant for Cross Examination of the PW-5, in Session Trial No. 2 of 2006 State Vs Ram Jee and others in Case Crime No. 100 of 1997 u/s 409, 420, 467, 468, 471, 477A, 120B IPC and 13 (1)d read with section 13 (2) of The Prevention of Corruption Act, 1988 Police Station- Gola, District- Gorakhpur. 3- Direct to the Subordinate Court/Additional Session Judge/Special Judge, Special Court No.4 (Prevention of Corruption Act) Gorakhpur, to allow the applicant/counsel for the applicant for Cross Examination of the PW-5, in Session Trial No. 2 of 2006 State Vs Ram Jee and others in Case Crime No. 100 of 1997 u/s 409, 420, 467, 468, 471, 477A, 120B IPC and 13 (1)d read with section 13 (2) of The Prevention of Corruption Act, 1988 Police Station-Gola, District- Gorakhpur. 4- And/or pass any other order, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."

4. The applicant is an accused in the aforesaid case. The trial of the said matter is going on in which the testimony of four witnesses has been recorded and the testimony of 5th witness being Ms. Dimpal Verma was being recorded through V.C. The applicant, co- accused Digvijay Kumar, Basudev and Gulab moved an application for exemption on 10.02.2025 which was allowed. Co- accused Ram Jee Gupta and Rajendra Gupta were present before the trial court on that date. The statement of Ms. Dimpal Verma was recorded through V.C. Subsequently, for cross examination learned counsel for the applicant did not appear and as such cross examination was closed. The trial court thus then sent the copy of her testimony through e-mail for her signature, the order dated 10.02.2025 has been placed before the Court which is annexure 4. Subsequently, an application being paper No. 323-Kha was moved on behalf of the applicant for summoning her for cross examination, the same has been rejected vide order dated 17.02.2025 passed by the Additional Sessions Judge/Special Judge, P.C. Act, Court No. 4, Gorakhpur, the said order has been placed before the Court which is annexure 6 to the affidavit.

5. Learned counsel for the applicant submitted that on 10.02.2025 the exemption application of the applicant was allowed and as such he did not appear before the trial court concerned. While placing para 22 and 23 of the affidavit it is submitted that learned counsel for the applicant was out of station on 10.02.2025 and as such did not cross examine PW-5. It is submitted that PW-5 is an important witness as was the sanctioning authority. It is submitted that the application of the applicant be allowed and an opportunity be given to the applicant for cross examination of PW-5 through video conferencing.

6. Learned counsel for the State has been heard who although opposed the prayers as made but in so far as the factual position is concerned, the same was not disputed which would be evident from the orders of the trial court.

7. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is an accused. On 10.02.2025 an application was moved by him for exemption which was allowed. The statement of PW-5 was recorded through V.C. Learned counsel for the applicant accused was not present on that date and as such the opportunity of cross examination was closed. An application was moved on 17.02.2025 for summoning PW-5 for cross examination which has been rejected by the trial court court concerned.

8. Looking to the facts and circumstances of the case and in the interest of justice, it is provided that subject to deposit of Rs. 6,000/- by the applicant within a period of ten days from today, date shall be fixed by the trial court concerned informing PW-5 for her appearance through video conferencing and she may be cross examined on behalf of the applicant through V.C.

9. If on the said date fixed by the trial court concerned, any exemption is claimed and/or learned counsel for the applicant does not appear before the trial court concerned, the opportunity for cross examination shall be closed. The applicant shall file certified copy of this order before the trial court concerned within one week from today. The trial court shall ensure that the above mentioned process is conducted not later than two weeks thereafter. The trial shall then proceed as per law.

10. The petition stands thus disposed of . Order Date :- 11.3.2025 M. ARIF (Samit Gopal, J.)

2. Heard Sri Phool Chandra Singh, learned counsel for the applicant and Sri Ram Prakash Shukla, learned counsel for the State and perused the record.

3. The present application under Section 528 BNSS has been filed by the applicant Giriwar Singh @ Girwar Singh @ Girdhar with the following prayers:- "It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and:- 1- Stay the effect and operation of the order dated 10.2.2025 and 17.2.2025 passed by Additional Session Judge/Special Judge, Special Court No. 4 (Prevention of Corruption Act) Gorakhpur, Rejecting the opportunity of applicant/counsel for the applicant for Cross Examination of the PW-5, in Session Trial No. 2 of 2006 State Vs Ram Jee and others in Case Crime No. 100 of 1997 u/s 409, 420, 467, 468, 471, 477A, 120B IPC and 13 (1)d read with section 13 (2) of The Prevention of Corruption Act, 1988 Police Station-Gola, District-Gorakhpur. 2- Quash the order dated 10.2.2025 and 17.2.2025 passed by Additional Session Judge/Special Judge, Special Court No 4 (Prevention of Corruption Act) Gorakhpur, Rejecting the opportunity of applicant/counsel for the applicant for Cross Examination of the PW-5, in Session Trial No. 2 of 2006 State Vs Ram Jee and others in Case Crime No. 100 of 1997 u/s 409, 420, 467, 468, 471, 477A, 120B IPC and 13 (1)d read with section 13 (2) of The Prevention of Corruption Act, 1988 Police Station- Gola, District- Gorakhpur. 3- Direct to the Subordinate Court/Additional Session Judge/Special Judge, Special Court No.4 (Prevention of Corruption Act) Gorakhpur, to allow the applicant/counsel for the applicant for Cross Examination of the PW-5, in Session Trial No. 2 of 2006 State Vs Ram Jee and others in Case Crime No. 100 of 1997 u/s 409, 420, 467, 468, 471, 477A, 120B IPC and 13 (1)d read with section 13 (2) of The Prevention of Corruption Act, 1988 Police Station-Gola, District- Gorakhpur. 4- And/or pass any other order, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."

4. The applicant is an accused in the aforesaid case. The trial of the said matter is going on in which the testimony of four witnesses has been recorded and the testimony of 5th witness being Ms. Dimpal Verma was being recorded through V.C. The applicant, co- accused Digvijay Kumar, Basudev and Gulab moved an application for exemption on 10.02.2025 which was allowed. Co- accused Ram Jee Gupta and Rajendra Gupta were present before the trial court on that date. The statement of Ms. Dimpal Verma was recorded through V.C. Subsequently, for cross examination learned counsel for the applicant did not appear and as such cross examination was closed. The trial court thus then sent the copy of her testimony through e-mail for her signature, the order dated 10.02.2025 has been placed before the Court which is annexure 4. Subsequently, an application being paper No. 323-Kha was moved on behalf of the applicant for summoning her for cross examination, the same has been rejected vide order dated 17.02.2025 passed by the Additional Sessions Judge/Special Judge, P.C. Act, Court No. 4, Gorakhpur, the said order has been placed before the Court which is annexure 6 to the affidavit.

5. Learned counsel for the applicant submitted that on 10.02.2025 the exemption application of the applicant was allowed and as such he did not appear before the trial court concerned. While placing para 22 and 23 of the affidavit it is submitted that learned counsel for the applicant was out of station on 10.02.2025 and as such did not cross examine PW-5. It is submitted that PW-5 is an important witness as was the sanctioning authority. It is submitted that the application of the applicant be allowed and an opportunity be given to the applicant for cross examination of PW-5 through video conferencing.

6. Learned counsel for the State has been heard who although opposed the prayers as made but in so far as the factual position is concerned, the same was not disputed which would be evident from the orders of the trial court.

7. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is an accused. On 10.02.2025 an application was moved by him for exemption which was allowed. The statement of PW-5 was recorded through V.C. Learned counsel for the applicant accused was not present on that date and as such the opportunity of cross examination was closed. An application was moved on 17.02.2025 for summoning PW-5 for cross examination which has been rejected by the trial court court concerned.

8. Looking to the facts and circumstances of the case and in the interest of justice, it is provided that subject to deposit of Rs. 6,000/- by the applicant within a period of ten days from today, date shall be fixed by the trial court concerned informing PW-5 for her appearance through video conferencing and she may be cross examined on behalf of the applicant through V.C.

9. If on the said date fixed by the trial court concerned, any exemption is claimed and/or learned counsel for the applicant does not appear before the trial court concerned, the opportunity for cross examination shall be closed. The applicant shall file certified copy of this order before the trial court concerned within one week from today. The trial court shall ensure that the above mentioned process is conducted not later than two weeks thereafter. The trial shall then proceed as per law.

10. The petition stands thus disposed of . Order Date :- 11.3.2025 M. ARIF (Samit Gopal, J.)