ACCUSED RIGHT TO CROSS EXAMINATION COULD NOT BE CLOSED ON ACCOUNT OF ABSENCE OF HIS COUNSEL

Right to cross-examination vested in the petitioner could not be closed on absence of his council rather in that situation court have provide legal aid council to the accused.As seen in the recent case the petitioner had approached the High Court under sec 439 of CRPC for regular bail. However he did not press the prayer for bail but rather challenge an order of the trial court whereby his right to cross examination the prosecution witnesses was closed on account of absence of his counsel.The petitioner had approached the HC under sec 482 to quash the order and restore his right to cross examination.Bench observed that one cannot loose sight of the fact that it is the petitioner who has suffered on account of non appearance of the counsel,in such situation it is the duty of the court to ensure that vested right of the accused who is unable to defend is duly protected.

The order passed by a single judge bench of Justice Sandeep Sharma is a shinning example of exercise of inherent power by the High Court under section 482 of CrPc in the interest of justice.

Credit: Kiran Dhaiya