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2013 DIGILAW 215 (MP)

Sodan Singh Yadav v. State of M. P.

2013-02-20

BRIJ KISHORE DUBE

body2013
JUDGMENT : Heard on the question of admission and perused the record. 2. This petition under Section 397 read with Section 401 of Cr.P.C. is directed against the order dated 06.02.2013 passed by IV Additional Sessions Judge, Vidisha in Sessions Trial No.156/11, whereby, an application under Section 311 of Cr.P.C. filed by the petitioners/accused to re-call the prosecutrix, P.W.5 for the purpose of re-crossexamination has been dismissed. 3. Learned counsel for the petitioners submits that this Court vide order dated 24.07.2012 passed in Criminal Revision No.519/2012 permitted the petitioners to re-cross examine prosecutrix alongwith other prosecution witnesses. The learned Trial Court however permitted the petitioners to re-cross examine Dipak Kushwah (P.W.8), Gaurav Sharma (P.W.9) & Gaurav Soni (P.W.10), but erroneously rejected the prayer in respect of prosecutrix, Jyoti Kushwah (P.W.5). The petitioners/accused are facing trial for the offence punishable under Sections 363, 366, 368, 376 & 120-B of IPC before IV Additional Sessions Judge, Vidisha Cr.R.No.129/2013 (Sodan Singh Yadav & Ano. v. State of M.P.) in Sessions Trial No.156/11. During the trial, the petitioners/accused filed an application under Section 311 of Cr.P.C. for re-calling the prosecution witness for re-cross examination, the application was dismissed on 24.04.2012 by the Trial Court. Against which Criminal Revision was preferred by the accused. This Court vide order dated 24.07.2012 passed in Criminal Revision No.519/2012 allowed the revision and permitted the petitioners/accused to re-cross examine the prosecutrix, Jyoti Kushwah (P.W.5), Dipak Kushwah (P.W.8), Gaurav Sharma (P.W.9) & Gaurav Soni (P.W.10). The relevant para reads as under:- “In view of the foregoing it is directed that the prosecutrix Jyoti Kushwah (PW-5) and aforesaid witnesses shall remain present before the trial court on a date fixed by the trial court and after re-crossexamination of prosecutrix Jyoti Kushwah (PW-5), the petitioners be permitted to re-cross- examine the aforesaid witnesses Dipak Kushwah (PW-8), Gaurav Sharma (PW-9) and Gaurav Soni (PW-10). ” Thereafter, the petitioners/accused moved an application before the Trial Court on 04.02.2013 for recalling the prosecutrix for her cross-examination. The Trial Court despite of specific order passed by this Court rejected the application. Considering the submissions of the learned counsel for the parties and facts and circumstances of the case, but without expressing any view on the merit of the case, the Cr.R.No.129/2013 (Sodan Singh Yadav & Ano. The Trial Court despite of specific order passed by this Court rejected the application. Considering the submissions of the learned counsel for the parties and facts and circumstances of the case, but without expressing any view on the merit of the case, the Cr.R.No.129/2013 (Sodan Singh Yadav & Ano. v. State of M.P.) impugned order dated 06.02.2013 passed by the Trial Court is quashed and it is directed that the Trial Court shall summon the prosecutrix for re-cross-examination on payment of process fee by the petitioners within ten days from today by fixing a date for the said purpose. With the aforesaid direction, this petition is disposed of.