Vineet Sharm a alias Cheenu Pandit v. St at e of Ut t arakhand

: Ms. Divya Jain, Advocat e. Counsel for t he Respondent : Mr. Tum ul Nainwal, Assist ant Governm ent Advocat e assist ed by Mr. Chit rart h Kandpal, Brief Holder. Counsel for t he Vict im : Ms. Sadaf, Advocat e. H o n ’ b l e A l o k Ku m a r Ve r m a ,J. The present Applicat ion under Sect ion 482 of t he Code of Crim inal Procedure, 1973 ( in short , “ Code” ) has been filed on behalf of t he applicant- accused Vineet Sharm a alias Cheenu Pandit challenging t he im pugned order dat ed 25.05.2022, passed by learned I st Addit ional Sessions Judge, Roorkee, Dist rict Haridwar in Sessions Trial No.175 of 2016, “ St at e of Ut t arakhand Vs. Raj eev Sharm a and Ot hers”, whereby his Applicat ion under Sect ion 311 of t he Code for being grant ed opport unit y t o cross- exam ine t he 1 prosecut ion’s wit ness-Am it Verm a, PW2, has been dism issed. 2 . Heard Ms. Divya Jain, learned counsel for applicant , Mr. Tum ul Nainwal, learned Assist ant Governm ent Advocat e for respondent and Ms. Sadaf, learned counsel for Sum an Lat a, t he m ot her of t he deceased. 3 . The t rial under Sect ion 302 read wit h Sect ion 34 of t he I ndian Penal Code, 1860 is pending before t he said Court . 4 . I t is not in disput e t hat t he applicant was in j udicial cust ody at t he t im e of exam inat ion of t he wit ness-Am it Verm a, PW2 and t he applicant was not grant ed any opport unit y t o cross- exam ine t he wit ness Am it Verm a, PW2. 5 . Mr. Tum ul Nainwal, learned Assist ant Governm ent Advocat e and Ms. Sadaf, Advocat e, has opposed t he present Applicat ion, filed under Sect ion 482 of t he Code and subm it t ed t hat several crim inal cases are pending against t he present applicant . 6 . The right t o cross- exam ine a wit ness is a fundam ent al aspect of a fair t rial. Denying t his right can be considered a violat ion of nat ural j ust ice. The right of cross- exam inat ion is a very salut ary right and 2 t he accused would have t o be given an opport unit y t o cross- exam ine t he wit ness of t he prosecut ion. The power under Sect ion 311 of t he Code m ust be invoked by t he Court in order t o m eet t he ends of j ust ice. 7 . Ms. Divya Jain, Advocat e, subm it t ed t hat t he cross- exam inat ion of Am it Verm a, PW2 shall be concluded on t he sam e day for which t he dat e will be fixed by t he t rial court . 8 . Mr. R.K. Saklani, t he St at ion House Officer, Kot wali Gangnahar, Dist rict Haridwar is present t hrough video conferencing. He has assured t o provide all kinds of securit y t o t he wit ness Am it Verm a, PW2. 9 . I n t he light of t he adm it t ed fact t hat t he applicant has not been given any opport unit y t o cross- exam ine t he wit ness Am it Verm a, PW2, it would be appropriat e t o grant one opport unit y t o t he applicant t o cross- exam ine t he prosecut ion’s wit ness Am it Verm a, PW2. 1 0 . Consequent ly, t he im pugned order dat ed

25.05.2022 is hereby set aside and t he Applicat ion, filed by t he applicant under Sect ion 311 of t he Code, is allowed accordingly. 1 1 . Learned t rial court is direct ed t o fix a dat e and call t he prosecut ion’s wit ness Am it Verm a, PW2 for 3 cross- exam inat ion. I t is also direct ed t hat t he wit ness Am it Verm a, PW2 be cross- exam ined on t he sam e dat e. I f t he cross- exam inat ion of t he wit ness Am it Verm a, PW2 on behalf of t he applicant is not concluded on t he sam e day, t hen t he applicant will not be grant ed any furt her opport unit y for cross- exam inat ion. Learned Judge of t he t rial court would see t hat t he wit ness Am it Verm a, PW2 would not be int im idat ed in t he garb of cross- exam inat ion. I nform at ion about t he dat e fixed by t he t rial court for cross- exam inat ion of t he wit ness Am it Verm a, PW2 shall be given t o t he St at ion House Officer, Kot wali Gangnahar, Dist rict Haridwar t he Governm ent counsel conduct ing t he prosecut ion before t he t rial court . 1 2 . Wit h t he aforesaid direct ions, t he present Applicat ion ( C482 No.1004 of 2022) , filed under Sect ion 482 of t he Code, st ands allowed. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK K UM A R VERM A , J. Dt : 13.08.2025 Neha NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d0e018 b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE64D 819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT 4