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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Supreme Court Guidelines for speedy trial of Criminal cases

 The following practice guidelines should be followed by trial courts in the conduct of a criminal trial, as far as possible:

i. a detailed case-calendar must be prepared at the commencement of the trial after framing of charges;

ii. the case-calendar must specify the dates on which the examination-in-chief and cross-examination (if required) of witnesses is to be conducted;

iii. the case-calendar must keep in view the proposed order of production of witnesses by parties, expected time required for examination of witnesses, availability of witnesses at the relevant time, and convenience of both the prosecution as well as the defence, as far as possible;

14 “309. Power to postpone or adjourn proceedings.–(1) In every inquiry or trial the proceedings shall be continued from day-to-day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded…”

See also Vinod Kumar v. State of Punjab, (2015) 3 SCC 220; and, Lt. Col. S.J. Chaudhary v. State (Delhi Administration), (1984) 1 SCC 722.

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iv. testimony of witnesses deposing on the same subject-matter must be proximately scheduled;

v. the request for deferral under Section 231(2) of the Cr.P.C. must be preferably made before the preparation of the case-calendar;

vi. the grant for request of deferral must be premised on sufficient reasons justifying the deferral of cross-examination of each witness, or set of witnesses;

vii. while granting a request for deferral of cross-examination of any witness, the trial courts must specify a proximate date for the cross-examination of that witness, after the examination-in-chief of such witness(es) as has been prayed for;

viii. the case-calendar, prepared in accordance with the above guidelines, must be followed strictly, unless departure from the same becomes absolutely necessary;

ix. in cases where trial courts have granted a request for deferral, necessary steps must be taken to safeguard witnesses from being subjected to undue influence, harassment or intimidation.

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1321 OF 2018

[Arising out of Special Leave Petition (Crl.) No. 4652 of 2018]

State of Kerala  V   Rasheed 

Dated: October 30, 2018.

Author: INDU MALHOTRA, J.
Citation: AIR 2019 SC 721

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