High Court of Jammu & Kashmir Clarifies Law on Deferring Cross-Examination and preparation of Case calendar

Ravinder Kumar & Others vs. UT of J&K

Introduction

In a significant judgment delivered on May 19, 2025, the High Court of Jammu & Kashmir at Jammu, presided over by Hon'ble Mr. Justice Rajesh Sekhri, clarified the scope and procedure for deferring the cross-examination of prosecution witnesses in criminal trials. The case, CRM(M) No. 352/2025, was filed by Ravinder Kumar and others (the petitioners) against the Union Territory of Jammu & Kashmir (the respondent), challenging the order of the Principal Sessions Judge, Jammu, which had declined their request to defer the cross-examination of six key eye-witnesses in a murder trial.

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J & K HC: Under which circumstances the Court can defer cross-examination of set of prosecution witnesses after preparation of Case calendar?

 True it is, that prosecution witnesses are expected to testify in their chief examination on the lines of their statements recorded, during investigation, under Sections 161 or 164 Cr.P.C., and any improvement or deviation by them from said statements, may render their depositions unworthy of credence. However, it is the apprehension of improvisation by the prosecution witnesses in their cross examinations to circumvent the defence strategy which is to be taken into consideration by the Court at the time cross examination of a witness or set of witnesses is sought to be deferred and if that apprehension is well founded, it can hamper the prospects of a fair trial, a basic postulate of criminal jurisprudence. The circumstances narrated by the petitioners, in the present case, justified the exercise of discretion by the Court, in terms of sub section 3 of Section 254 BNSS.{Para 24}

25. If the principle of law expounded by Hon‟ble Supreme Court in Rasheed, is carefully glanced over, it is manifest that, as far as possible, a plea for deferral under Section 254(3) BNSS, must preferably be made before the preparation of the case calendar or at the earliest available opportunity,before the defence strategy would become known to the prosecution. A request for deferral must be premised on sufficient reasons and prejudice is the determinating factor, to be borne in mind.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

Case: CRM(M) No. 352/2025

 Ravinder Kumar and others  V/s   UT of J&K 

 Coram: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE

Pronounced on: 19.05.2025.

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