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Court emphasizes cross-examination, requires scanned copies before issuing orders. Addressing document non-supply. The court directed the petitioner to supply a scanned copy for cross-examination of witnesses before passing the original order. Emphasizing the ...
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Provisions expressly mentioned in the judgment/order text.
The court directed the petitioner to supply a scanned copy for cross-examination of witnesses before passing the original order. Emphasizing the importance of cross-examination, the court highlighted the need for a formal order on the denial of cross-examination to uphold natural justice principles. The court also addressed the non-supply of certain documents, ensuring their consideration alongside the cross-examination issue. The prayer to cease phishing and roving investigation was disposed of due to the matter being disposed of at an earlier stage, without expressing an opinion on its merits.
Issues: 1. Cross-examination of witnesses 2. Supply of documents 3. Ceasing phishing and roving investigation
Cross-examination of witnesses: The petitioner sought a writ of mandamus to allow cross-examination of witnesses and quash the order dated 05.11.2020. The court noted that the original order had not been passed yet. The petitioner was directed to supply the scanned copy to the Asst. Solicitor General for necessary instructions. The court emphasized the importance of cross-examination and directed that the order on cross-examination should be passed before the original order. The court referred to a previous decision and stressed the need for a formal order on the denial of cross-examination. The matter was to be decided promptly, ensuring the principles of natural justice were upheld.
Supply of documents: The petitioner also requested the respondent to supply all highlighted documents. The court acknowledged the grievance regarding the non-supply of certain documentary evidence. It was emphasized that the principles of natural justice required the officer to consider this grievance along with the application for cross-examination of witnesses. The court ensured that this aspect would be decided simultaneously with the cross-examination issue, highlighting the importance of providing necessary documents for a fair adjudication.
Ceasing phishing and roving investigation: Regarding the prayer to cease phishing and roving investigation against the petitioner, the court mentioned that since the matter was being disposed of in limini, no opinion was expressed on this prayer on its merits. The court disposed of this specific prayer accordingly, indicating that the issue was not addressed in detail due to the disposal of the matter at an earlier stage.
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