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2018 (10) TMI 1790 - SUPREME COURTWhether the exercise of discretion under Section 231(2) of the Cr.P.C. by the Additional Sessions Judge was valid and legally sustainable? HELD THAT:- The statutory framework governing the order of production and examination of witnesses is contained inter alia in Sections 135 and 138 of the Indian Evidence Act, 1872. A conjoint reading of Sections 135 and 138 would indicate that the usual practice in any trial, be it civil or criminal, is for the examination-in-chief of a witness to be carried out first; followed by his cross-examination (if so desired by the adverse party), and then re-examination (if so desired by the party calling the witness) - Section 231 of the Cr.P.C. indicates that the Judge is given the discretion to defer cross-examination of a witness, until any other witness or witnesses have been examined. What follows from the discussion is that the norm in any criminal trial is for the examination-in-chief of witnesses to be carried out first, followed by cross-examination, and re-examination if required, in accordance with Section 138 of the Indian Evidence Act, 1872. Section 231(2) of the Cr.P.C., however, confers a discretion on the Judge to defer the cross-examination of any witness until any other witness or witnesses have been examined, or recall any witness for further cross examination, in appropriate cases - Judicial discretion has to be exercised in consonance with the statutory framework and context while being aware of reasonably foreseeable consequences. The party seeking deferral under Section 231(2) of the Cr.P.C. must give sufficient reasons to invoke the exercise of discretion by the Judge, and deferral cannot be asserted as a matter of right. Several High Courts have held that the discretion under Section 231(2) of the Cr.P.C. should be exercised only in “exceptional circumstances”. There cannot be a straitjacket formula providing for the grounds on which judicial discretion under Section 231(2) of the Cr.P.C. can be exercised. The exercise of discretion has to take place on a case-to-case basis - The guiding principle for a Judge under Section 231(2) of the Cr.P.C. is to ascertain whether prejudice would be caused to the party seeking deferral, if the application is dismissed. In the present case, a bald assertion was made by the Counsel for the Respondent-Accused No. 2 that the defence of the Respondent-Accused No. 2 would be prejudiced if the cross-examination of CWs 1 to 5 is not deferred until after the examination-in-chief of CWs 2 to 5 - impugned Order is liable to be set aside since the High Court has given no reasons for reversal of the Order of the Additional Sessions Judge, particularly in light of the possibility of undue influence and intimidation of witness(es) since the Respondent-Accused No. 2 and Accused No. 7 are “highly influential political leaders” - Appeal allowed.
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