2024 (1) TMI 102

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.... For the Petitioner : Dr. S. Krishnanandh For the Respondent : Mr. Sai Srujan Tayi, Senior Standing counsel ORDER This writ petition has been filed challenging the communication dated 30.09.2023 attributable to the respondent. 2. Mr. Sai Srujan Tayi, learned Senior Standing counsel, takes notice on behalf of the respondent. By consent of the parties, the main writ petition is taken up....

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....counsel for the petitioner would submit that since the statements of the aforesaid officers, who are all sought to be cross-examined, are in favour of the petitioner, the respondents are not intend to cross-examine them. Further, in support of his contention, he had also referred to the judgement of the Hon'ble Supreme Court in Ayaaubkhan Noorkhan Pathan vs. State of Maharashtra and others rep....

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....y of cross-examination those officers. That apart, it is up to the respondent to rely on the statements of the said officers or not. In such case, since the respondent is not at all going to rely upon the statements of the said officers, there is no need for cross-examination of those officers. 9. It was contended by the learned counsel for the petitioner that as per the judgement of the Hon&#3....

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....m, specially when the same was not requested, and there was no dispute regarding the veracity of the statement. (See also: Union of India v. P.K. Roy, AIR 1968 SC 850; and Channabasappa Basappa Happali v. State of Mysore, AIR 1972 SC 32)." 10. A perusal of the above judgement makes it clear that if the statements of the said officers are relied upon by the respondent, the cross-examination has ....