Bombay High Court Slaps ₹50K Cost On Litigant Over Repeated Pleas Against Closure Of Right To Cross-Examine

The Bombay High Court has dismissed with costs a petition filed by an accused under the Prevention of Corruption Act seeking to set aside a 'no cross' order passed by the trial court, after he failed to cross-examine the prosecution's prime witness despite being given repeated opportunities over a span of five years.A single judge bench of Justice Kishore C. Sant was hearing the criminal writ, filed challenging the trial court's refusal to recall PW-2, the de facto complainant, after the accused failed to cross-examine him on three separate occasions, despite the court setting aside two prior no-cross orders and granting the same relief.The Petitioner contended that the Petitioner, being an accused, needs a fair opportunity. He argued that when the learned advocate was not present, the Court could have offered an opportunity to the accused, asking whether the accused is willing to conduct cross-examination personally; no such opportunity was given. The Court noted that the accused was granted multiple opportunities to cross-examine the witness, and no cross orders were set aside on two occasions. Despite this, the accused and his counsel failed to conduct the cross-examination. On the third occasion, the witness was made to wait the entire day and managing the board itself became difficult due to repeated postponement requests, compelling it to pass the order.Refuting the argument of the petitioner, the court observed:“Merely saying that if opportunity is not given, the accused would suffer irreparable loss cannot be considered in such cases. If this Court shows sympathy, it would be misplaced sympathy. In this case, the accused has literally played with the Court. The act of the accused in the present case shows utter disregard for the Court proceedings. The precious time of the Court is wasted because of the conduct of the litigant.”Observing the conduct of the accused, the High Court held that showing sympathy in such a situation would be practically encouraging such practices and making a mockery of the court itself.“The Court cannot allow the litigant to take the proceedings lightly and still show sympathy towards such persons. The act of the accused in the present case is totally condemnable beyond words,” the Court observed.Accordingly, the Court dismissed the petition with costs of ₹50,000, payable to the District Legal Aid Centre, Aurangabad, within four weeks. It also requested the trial court to conclude the pending trial, ongoing since 2018, within three months.Case Title: Shashikant Vitthal Kothawade v. State of Maharashtra & Anr. [Criminal Writ Petition No. 730 of 2024]Click Here To Read/Download Order

Bombay High Court Slaps ₹50K Cost On Litigant Over Repeated Pleas Against Closure Of Right To Cross-Examine

Saksham Vaishya

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