1. The present petition has been filed under Section 482 Cr.P.C. to assail the orders dated 29.9.2018 and 5.1.2019 passed by the court of Additional Chief Metropolitan Magistrate, No. 8, Jaipur Metropolitan, Jaipur whereby opportunity was declined to the counsel for the petitioners to cross-examine witnesses and subsequently, application filed under Section 311 Cr.P.C. was also dismissed.

2. Briefly stated, petitioners are facing trail for the offences under Sections 452, 336, 143, 323 and 341 IPC. On 29.9.2018 case was fixed for prosecution evidence. Witnesses namely Sultan, Bundu Khan, Mehraj Bano and Shabbo were present in the court. Counsel for the petitioners was busy in POCSO court and hence, could not appear. Ultimately, the trial court at 3:20 PM made the cross-examination of the witnesses NIL and adjourned the case to 16.11.2018 for recording statement of prosecution witnesses Nos. 9 to 12. Thereafter, an application was filed on behalf of the petitioners under Section 311 Cr.P.C. for grant of one opportunity to cross-examine the witnesses. The said application was dismissed on 5.1.2019.

3. Learned counsel for the petitioner has submitted that on the very first opportunity, the evidence of the witnesses was made NIL.

4. I have heard the learned counsel for the parties.

5. It is true that when the witnesses come to depose in the court, they should not be harassed. In the present case, witnesses since morning till 3:20 PM remained present in the court but the cross-examination was not extended. However, at the same time, this court cannot ignore that by making the cross- examination of the witnesses NIL, accused have suffered irreparable loss.

6. Therefore, to balance the equities and ensure fair play, the present petition is disposed of by directing the trial court to recall witnesses namely Sultan, Bundu Khan, Mehraj Bano and Shabbo for cross-examination, subject to payment of Rs. 20,000/- by petitioners as cost.

7. The cost of Rs. 20,000/- deposited by the petitioners shall be disbursed equally to all four witnesses who were made to suffer because of non-availability of the counsel for the petitioners.

8. The trial court as per its convenience and calendar shall fix one date for recalling the witnesses whose cross-examination was made NIL.

9. Learned counsel for the petitioners undertakes that on the date when witnesses will appear in the court, counsel for the petitioners shall conclude the cross-examination. In case, due to some reason, the cross-examination of the witnesses on the date so fixed by the trial court is not concluded, it shall continue for the next date.