Uttarakhand High Court
C528/2274/2025 on 10 February, 2026
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
C528/2274/2026
With
C528/26/2026
Hon'ble Alok Mahra, J.
Mr. Karan Anand, learned counsel
for the applicant.
2. Mr. K.S. Bora, learned Deputy A.G.
along with Mr. Dinesh Chauhan, learned
Brief Holder for the State.
3. Mr. Neeraj Garg, learned counsel for
respondent no.2.
4. Both the present C-528 applications
arise out of the same criminal
proceedings and challenge common
orders. Therefore, for the sake of
convenience, they are being decided
together by this common judgment and
order.
5. The present C-482 applications
have been filed seeking to set aside the
order dated 12.09.2025 passed in
Criminal Revision No. 24 of 2025
relating to offences under Sections 498-
A, 323, 504, 506 I.P.C. and Sections 3/4
of the Dowry Prohibition Act by the
learned Civil Judge (Senior Division),
Rishikesh, and also to quash the orders
dated 15.02.2025 and 11.04.2025
passed in Criminal Case No. 322 of
2020.
6. Learned counsel for the applicants
submits that initially an F.I.R. was
lodged by respondent no.2 against the
applicants under Sections 498-A, 323,
504, 506 I.P.C. and Sections 3/4 of the
Dowry Prohibition Act. After completion
of the investigation, the Investigating
Officer submitted a charge-sheet against
the applicants. Thereafter, the learned
Magistrate took cognizance, summoned
the applicants, framed charges, and the
trial commenced.
7. It is further submitted that during
trial, PW-1 (respondent no.2) was
examined-in-chief and the matter was
fixed for her cross-examination on
15.02.2025. On that date, due to
unavoidable circumstances, the learned
counsel for the applicants was unwell
and could not appear before the Court.
An adjournment application was moved
on this ground; however, the learned
trial court rejected the said application
and closed the opportunity of cross-
examination of PW-1.
8. Learned counsel for the applicants
further submits that being aggrieved by
the order dated 15.02.2025, the
applicants filed an application under
Section 311 Cr.P.C. on 21.02.2025,
seeking recall of the said order and
permission to cross-examine PW-1. The
said application was dismissed by the
trial court vide order dated 11.04.2025.
Thereafter, the applicants preferred
Criminal Revision No. 24 of 2025 before
the learned 1st Additional Sessions
Judge, Dehradun, which was also
dismissed vide order dated 12.09.2025.
Hence, the present applications have
been filed before this Court.
9. Learned counsel for the applicants
would submit that both the courts below
have caused grave prejudice to the
applicants by closing the opportunity to
cross-examine PW-1. It is contended that
there was no deliberate or intentional
lapse on the part of the applicants and
the absence of counsel on the relevant
date was due to illness. It is, therefore,
prayed that at least one opportunity be
granted to the applicants to cross-
examine PW-1 in the interest of justice.
10. Learned counsel for respondent
no.2 opposed the submissions; however,
he fairly conceded that the cross-
examination of PW-1 by the applicants is
necessary for the proper and effective
adjudication of the case. He, therefore,
submitted that one last opportunity may
be granted to the applicants by imposing
cost upon the applicants.
11. Considering the submissions made
by learned counsel for the parties and on
their consent, this Court is of the view
that, in the interest of justice, one
opportunity deserves to be granted to the
applicants to cross-examine PW-
1/respondent no.2, subject to payment
of costs of ₹5,000/-, which shall be
deposited before the Uttarakhand High
Court Bar Association within a period of
two weeks from today.
12. The applicants shall be permitted to
cross-examine PW-1/respondent no.2 on
24.02.2026. It is made clear that in case
the applicants fail to cross-examine PW-
1 on the said date, the impugned orders
shall stand revived automatically
without any further reference to this
Court.
13. Accordingly, both the C-528
applications are allowed in the aforesaid
terms.
14. Pending applications, if any, stand
disposed of accordingly.
[
(Alok Mahra, J.)
10.02.2026
Mamta