SAIYYAD SHOEB ALI Vs. STATE OF C. G.

JUDGEMENT

(1.) The petitioner herein is standing trial for offence under Sec. 376(2)(n), 384, 506, 120B and 509B/34 of the IPC and Sec. 67 of the Information and Technology Act, 2008. During the course of trial, the victim was examined, cross-examined and discharged on 18/3/2021 by the Special Judge (Atrocities), Raipur and thereafter other witnesses were also examined. Thereafter the petitioner herein / accused and the victim filed a joint application for closure of the case on the ground that they both have entered into compromise and therefore, criminal case be closed, but the Special Judge (Atrocities), Raipur only discharged the petitioner herein for offence under Sec. 506 Part-II of the IPC being compoundable offence and rest of the offences being non- compoundable directed to proceed with the trial. Thereafter, the petitioner herein filed an application under Sec. 311 of the CrPC for recalling the victim for further cross-examination and also filed affidavit of the victim that she has compromised with him, therefore, the victim be directed to appear for further cross- examination, which the trial Court has rejected finding no merit, against which, this petition under Sec. 482 of the CrPC has been filed.

(2.) Detailed return opposing the petition has already been filed by the respondent / State.

(3.) Mr.Pankaj Singh, learned counsel appearing for the petitioner, would submit that the learned Special Judge is absolutely unjustified in rejecting the application filed by the petitioner as it is just and proper disposal of the trial. Therefore, the impugned order deserves to be set aside. He would rely upon the recent decision of the Supreme Court in the matter of Varsha Garg v. State of Madhya Pradesh and others.,AIR 2022 SC 3707. He would further rely upon the decision of the Supreme Court in the matter of Mina Lalita Baruwa v. State of Orissa and others,(2013) 16 SCC 173 and lastly he would rely upon the decision of the Supreme Court in the matter of Mohanlal Shamji Soni v. Union of India and another,1991 Supp (1) SCC 271.