IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.349 OF 2019 BETWEEN:
THAMIMUL ANSARI S/O. P.S.K.M. OLI MOHAMMED AGE: MAJOR RESIDING AT NO.764/1, 3RD CROSS, 3RD MAIN, PRAKASHNAGAR BANGALORE – 560 021 ... PETITIONER (BY SMT. HARSHITHA KADAM N.V., ADV. FOR SRI. SYED IRSHAD AHMED, ADV.,) AND:
1 AMEERA TAJ D/O. LATE AFZAL SHARIFF AGED: MAJOR 2 KUM. RAHMANIYA D/O. THAMINUL ANSARI AGED MINOR REP. BY HER NATURAL GUARDIAN MOTHER I.E., AMEERA TAJ BOTH ARE RESIDING AT NO.M/120/A, 5TH CROSS, L.N. PURA, SRIRAMPURA POST, BANGALORE – 560 021 ….RESPONDENTS [BY SRI. H.S. SANTHOSH, ADV.,] THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC PRAYING TO QUASH THE ORDER DATED 13.12.2018 PASSED BY LEARNED IV ADDITIONAL PRINCIPAL FAMILY COURT JUDGE AT BANGALORE, IN C.MISC. NO.623/2014, WITH RESPECT TO AN APPLICATION FILED BY THE PETITIONER UNDER SECTION 311 OF CR.PC AND PERMIT THE PETITIONER TO CROSS EXAMINE THE RESPONDENT PW-1 IN C. MISC. NO.623/2014, PENDING ON THE FILE OF THE IV ADDITIONAL PRINCIPAL FAMILY COURT AT BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Having heard learned Advocates appearing for the parties and on perusal of the records, it would disclose that petitioner who is respondent in Crl. Misc. No.623/2014 is being aggrieved by order of rejection of application filed under section 311 of Cr.PC and hence seeks for setting aside the order dated 13.12.2018.
2. I have heard arguments of Smt. Harshitha Kadam N.V., learned counsel appearing for Sri. Syed Irshad Ahmed, for petitioner and Sri. H.S. Santhosh, learned counsel appearing for respondents. Perused records.
3. As could be seen from the impugned order, on several dates, matter had been listed for cross examination and yet petitioner has not cross examined PW.1. In fact, after discharge of PW.1, application was filed for recall of PW.1 which was also allowed on 9.3.2018 and yet, PW.1 was not cross examined. As such, trial Court has rightly held that petitioner herein is deliberately protracting the proceedings by filing applications one after the other. Though no illegality can be found in the impugned order, the fact remains that PW.1 has not been cross examined. Hence, in order to avoid multiplicity of proceedings, this Court is of the considered opinion that it would be apt and appropriate to afford one last opportunity to petitioner-accused to cross examine PW.1.
Hence, the following:
ORDER [a] Criminal Petition is allowed.
[b] Order dated 13.12.2018 passed in Crl.
Misc. No.623/2014 is hereby set aside and application filed under section 311 of Cr.PC is allowed on payment of cost of Rs.5,000/-.
[c] Petitioner is permitted to cross examine PW.1 subject to following conditions:
[i] Petitioner herein shall cross examine PW.1 on the next date of hearing without fail and without seeking for further adjournment.
[ii] Petitioner herein shall tender his evidence on 15.04.2019 and shall be cross examined on the same day.
[iii] Learned trial Judge shall dispose of the petition on or before 27.04.2019 subject to both parties cooperating with the trial Court.
[iv] The learned trial Judge would be at liberty to regulate the proceedings by putting parties on terms and if necessary, imposing on them, exemplary costs if they seek for adjournment.
[v] Petitioner shall pay cost of this proceedings in a sum of Rs.5,000/- towards litigation expenses.
[f] Thus, in all, petitioner shall pay respondents Rs.10,000/- on or before next date of hearing before the trial Court and payment of cost shall be condition precedent for permitting the petitioner to cross examine PW.1.
Registry to communicate operative portion of this order to the jurisdictional Court forthwith.
SD/- JUDGE AN/-