Case Note & Summary
The petitioner, Pradip Kundlikrao Kute, challenged an order dated 01.04.2022 passed by the Additional Sessions Judge, Basmathnagar in Sessions Case No. 40/2020, which deferred the cross-examination of four eye witnesses. The application for deferment was filed by the accused (respondents 2 to 6) under Section 231(2) of the Code of Criminal Procedure, 1973 (CrPC). The petitioner argued that the application did not assign any reasons for deferment and that no witness had been examined when the application was moved. The petitioner relied on the Supreme Court's decision in State of Kerala v. Rasheed (AIR 2019 SC 721), which laid down guidelines for deferment of cross-examination. The court held that the discretion under Section 231(2) must be exercised judicially and with reasons. Since the application lacked reasons and the trial court did not provide any justification, the impugned order was quashed and set aside. The court directed the trial court to proceed with the trial in accordance with law.
Headnote
A) Criminal Procedure - Deferment of Cross-Examination - Section 231(2) CrPC - Discretion of Court - The trial court deferred cross-examination of four eye witnesses without the accused's application assigning any reasons and before any witness was examined. Held that the discretion under Section 231(2) must be exercised judicially with reasons, and the impugned order was liable to be quashed. (Paras 1-4)
Issue of Consideration
Whether the trial court's order deferring cross-examination of four eye witnesses under Section 231(2) CrPC was valid when the application did not assign any reasons and no witness had been examined.
Final Decision
The impugned order dated 01.04.2022 passed by the Additional Sessions Judge, Basmathnagar in Sessions Case No. 40/2020 is quashed and set aside. The trial court is directed to proceed with the trial in accordance with law.
Law Points
- Section 231(2) CrPC
- deferment of cross-examination
- discretion of court
- reasons for deferment
- guidelines from State of Kerala v. Rasheed
Case Details
2022 LawText (BOM) (09) 39
Criminal Writ Petition No.924 of 2022
Mr Swapnil S. Rathi for petitioner, Mr P.G. Borade for State, Mr Dhananjay M. Shinde for respondents 2 to 6
The State of Maharashtra and Others
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Nature of Litigation
Criminal writ petition challenging order deferring cross-examination of eye witnesses in a sessions case.
Remedy Sought
Quashing of order dated 01.04.2022 passed by Additional Sessions Judge, Basmathnagar in Sessions Case No. 40/2020.
Filing Reason
The petitioner, being the complainant, challenged the deferment of cross-examination of four eye witnesses without any reasons assigned by the accused in their application under Section 231(2) CrPC.
Previous Decisions
The trial court allowed the application (Exh.109) and deferred the cross-examination of four eye witnesses.
Issues
Whether the trial court's order deferring cross-examination under Section 231(2) CrPC was valid without reasons in the application and without any witness being examined.
Submissions/Arguments
Petitioner argued that the application under Section 231(2) CrPC did not assign any reasons for deferment and was bad in law. The trial court did not exercise its discretion judicially. Relied on State of Kerala v. Rasheed.
Respondents argued in support of the order, but no specific arguments are recorded in the judgment.
Ratio Decidendi
The discretion under Section 231(2) CrPC to defer cross-examination must be exercised judicially and with reasons. An application for deferment without any reasons and before any witness is examined cannot be allowed.
Judgment Excerpts
The application itself is bad in law. Secondly, the application does not disclose any reason for deferment of the cross-examination.
The learned Additional Sessions Judge has not used his discretionary power having regard to the facts of the case.
Procedural History
The petitioner filed a criminal writ petition in the High Court challenging the order dated 01.04.2022 passed by the Additional Sessions Judge, Basmathnagar in Sessions Case No. 40/2020, which deferred the cross-examination of four eye witnesses. The High Court heard the matter and quashed the order.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 231(2)
