Case Note & Summary
The petitioners, accused in a sessions case involving grave offences under the IPC, sought deferment of cross-examination of witnesses under Section 231(2) of the Cr.P.C. to avoid premature disclosure of defence. The Trial Court rejected their application. The High Court, invoking inherent jurisdiction under Section 482 of the Cr.P.C., held that the Trial Court erred in not considering the prejudice to the accused, as the witnesses were relatives and neighbours likely to give identical depositions. The High Court quashed the Trial Court order and allowed the deferment, emphasizing the importance of fair trial rights and proper exercise of judicial discretion.
Headnote
The petitioners, accused in SC No. 186/2023 for offences under Sections 504, 323, 324, 326, 307, 302 read with Section 34 of the Indian Penal Code, 1860 (IPC), filed an application under Section 231(2) of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking deferment of cross-examination of CW-1 to CW-8 until completion of their examination-in-chief -- The Trial Court rejected the application, holding no prejudice would be caused -- The petitioners invoked inherent jurisdiction under Section 482 of the Cr.P.C. before the High Court -- The High Court held that the Trial Court failed to exercise discretion properly under Section 231(2) of the Cr.P.C. -- The Court found that cross-examination of CW-1 immediately after examination-in-chief could lead to premature disclosure of defence, especially as CW-1 to CW-8 were eyewitnesses likely to depose identically -- The High Court quashed the Trial Court order and allowed deferment of cross-examination until all witnesses are examined in chief -- The decision emphasizes the need to prevent prejudice to the accused in grave offences and ensure fair trial procedures
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Issue of Consideration: The Issue of whether the petitioners were entitled to deferment of cross-examination of witnesses under Section 231(2) of the Cr.P.C. on grounds of preventing premature disclosure of defence and prejudice
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Final Decision
The High Court allowed the criminal petition, quashed the Trial Court order dated 24.06.2025, and permitted deferment of cross-examination of CW-1 to CW-8 until completion of their examination-in-chief
