Delay in Test Identification & Absence of Motive Fatal to Prosecution: Allahabad High Court Acquits Man for Murder Tokre Koli or Dhor Koli – Both Stand on Same Legal Footing: Bombay High Court Slams Scrutiny Committee for Disregarding Pre-Constitutional Records Consent Is No Defence When Victim Is Under 16: Delhi High Court Upholds Rape Conviction Granting Pre-Arrest Bail in Minor Rape Cases Would Send a Harmful Societal Signal: Delhi High Court Refuses Anticipatory Bail to Accused Citing POCSO’s Rigorous Standards Void Marriage No Shield Against Cruelty Charges: Karnataka High Court Affirms Section 498A Applies Even In Deceptive and Void Marital Relationships Consolidation Authorities Cannot Confer Ownership Or Alter Scheme Post Confirmation Without Due Process: Punjab & Haryana High Court Reaffirms Civil Court’s Jurisdiction Over Void Post-Scheme Orders Daughter’s Right Extinguished When Partition Effected Prior to 2005 Amendment: Madras High Court Trial Courts Cannot Direct Filing of Challan After Conviction — Punjab & Haryana High Court Quashes Directions Against DSP Veer Singh Rule 4 Creates Parity, Not a Parallel Pension Pipeline: Rajasthan High Court Denies Dual Pension to Ex-Chief Justice Serving as SHRC Chairperson Right to Be Heard Must Be Preserved Where Claim Has a Legal Basis: Orissa High Court Upholds Impleadment of Will Beneficiary in Partition Suit Long-Term Ad Hocism Is Exploitation, Not Employment: Orissa High Court Orders Regularization Of Junior Typist After 25 Years Of Service PIL Cannot Be a Tool for Personal Grievances: Supreme Court Upholds Municipal Body’s Power to Revise Property Tax After 16 Years Omission of Accused’s Name by Eyewitness in FIR is a Fatal Lacuna: Supreme Court Acquits Man Convicted of Murder Correction In Revenue Map Under Section 30 Isn’t A Tool To Shift Plot Location After 17 Years: Supreme Court Quashes High Court’s Remand Casteist Abuses Must Be In Public View: Supreme Court Quashes SC/ST Act Proceedings Where Alleged Insults Occurred Inside Complainant’s House Resignation Bars Pension, But Not Gratuity: Supreme Court Draws Sharp Line Between Voluntary Retirement and Resignation in DTC Employee Case

Impugned Order Set Aside, Revision Petition Allowed: High Court Emphasizes on Complete Cross-Examination and Observance of Procedural Norms

07 May 2024 8:19 AM

By: Admin


The High Court of Punjab and Haryana, in a recent ruling, emphasized the importance of complete cross-examination and adherence to procedural norms in judicial proceedings. The court set aside an impugned order that prematurely closed the evidence of the petitioner, underscoring the necessity of providing ample opportunity for cross-examination and proper summoning of records.

In the case "Vijay Kumar Vs Harmesh Kumar and Ors", the petitioner, Vijay Kumar, challenged an order dated 29.11.2022 that closed his evidence as defendant No.1 in a lower court. The issue revolved around the incomplete cross-examination of the petitioner and the non-observance of procedural requirements for recording witness statements and summoning necessary records.

Court Assessment and Observation:

Justice Archana Puri noted the irregularities in the proceedings, especially regarding the cross-examination of the petitioner and the handling of witness statements and records. The court observed:

Repeated Adjournments and Pandemic Impact: The case saw numerous adjournments, partly due to the COVID-19 pandemic, which led to restrictive working conditions.

Incomplete Cross-Examination: The cross-examination of the petitioner (DW-1) was not completed, and the lower court overlooked this fact when it prematurely closed the evidence.

Failure to Summon Necessary Records: The court noted that the required records for cross-examination were not adequately summoned, and this oversight was not brought to the court's attention by either party.

The judgment was based on the principles of natural justice and the procedural norms under the Civil Procedure Code (CPC). It highlighted the importance of complete cross-examination and the proper conduct of judicial proceedings.

The High Court set aside the impugned order, allowing the revision petition. The petitioner was directed to pay Rs. 20,000 as costs to the “Poor Patient Welfare Fund, PGIMER”. The court also instructed the lower court to record the petitioner's statement within three weeks of his appearance and ensure that the necessary records for cross-examination are furnished promptly.

Date of Decision: 01.02.2024

Vijay Kumar Vs Harmesh Kumar and Ors

Latest Legal News