Case Note & Summary
The petitioner, Sri Devaraj, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the High Court of Karnataka, challenging an order dated 4 May 2017 passed by the III Additional District and Sessions Judge, Bengaluru Rural District, sitting at Anekal. The Sessions Court had rejected the petitioner's application seeking permission to cross-examine prosecution witnesses (PWs 1 to 6 and 9) in Sessions Case No. 5003/2015. The petitioner was the accused in the sessions case. The Sessions Court's order was based on the ground that the petitioner had not shown sufficient cause for the delay in cross-examining the witnesses, as the examination-in-chief had already been completed on an earlier date. The High Court heard the learned counsel for the petitioner and the learned High Court Government Pleader (HCGP) for the State. The High Court perused the impugned order and noted that while the Sessions Judge had relied on various rulings, those rulings only stated general principles. The High Court observed that the right to cross-examine is a vital component of a fair trial and that the Sessions Court had not properly considered the fact that the petitioner's counsel was not present on the earlier date when the witnesses were examined-in-chief. The High Court held that the rejection of the application was too harsh and that the petitioner should be given an opportunity to cross-examine the witnesses, albeit subject to payment of costs. Consequently, the High Court allowed the petition, set aside the Sessions Court's order, and permitted the petitioner to cross-examine PWs 1 to 6 and 9 on the condition that he pays costs of Rs. 1,000 to each of the witnesses on the date of cross-examination. The High Court directed the Sessions Court to fix a date for cross-examination and complete the same within a specified time frame.
Headnote
A) Criminal Procedure - Right to Cross-Examine - Fair Trial - Section 482 Code of Criminal Procedure, 1973 - The petitioner sought to cross-examine prosecution witnesses after their examination-in-chief, but the Sessions Court rejected the application citing delay and lack of sufficient cause. The High Court held that the right to cross-examine is a fundamental part of a fair trial and that the Sessions Court's order was too rigid, failing to consider that the petitioner's counsel was not present on the earlier date. The High Court set aside the order and permitted cross-examination subject to costs. (Paras 1-6) B) Criminal Procedure - Inherent Powers - Section 482 Code of Criminal Procedure, 1973 - The High Court exercised its inherent powers under Section 482 CrPC to quash the Sessions Court's order and allow the petitioner to cross-examine witnesses, emphasizing that procedural technicalities should not defeat the right to a fair trial. (Paras 5-6)
Issue of Consideration
Whether the Sessions Court was justified in rejecting the petitioner's application to cross-examine prosecution witnesses (PWs 1 to 6 and 9) in a sessions case, and whether the High Court should interfere under Section 482 CrPC.
Final Decision
The High Court allowed the petition, set aside the order dated 4.5.2017 passed by the III Additional District and Sessions Judge, Bengaluru Rural District, sitting at Anekal, and permitted the petitioner to cross-examine PWs 1 to 6 and 9 in S.C. No. 5003/2015, subject to payment of costs of Rs. 1,000 to each witness on the date of cross-examination. The Sessions Court was directed to fix a date for cross-examination and complete the same within a specified time.
Law Points
- Right to cross-examine
- fair trial
- Section 482 CrPC
- inherent powers
- criminal procedure
