HASMUKHBHAI LALITBHAI POPAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed for seeking the following reliefs:

(2.) Heard Mr. Jay Thakkar, learned advocate for the petitioner and Mr. Manan Mehta, learned APP for the respondent - State.

(3.) Mr. Jay Thakkar, learned advocate for the petitioner has submitted that the trial court has committed error in passing the impugned order. He has submitted that the present application is filed under Sec. 311 of the Criminal Procedure Code, 1973 for re-calling the witness, who was earlier examined on 27/8/2027 and thereafter, the application is filed at Exh.72 on 4/10/2021 numbered in Special POCSO Case No.11 of 2019 before the Special POCSO Court, Jamnagar. He has further submitted that the trial court has also committed error in holding that granting of such application will amount to filling in the lacuna as the petitioner has already availed the opportunity to examine the said witness at earlier point of time and after delay of such period, such application is filed. He has further submitted that trial court has also committed error by observing that granting of such application will certainly prejudice the rights of the prosecution to the certain extent and, therefore, he has submitted that such grounds are not in consonance with the law and interference of this Court is required to be called for. He has submitted that though the matter is at the stage of final argument, the Court can consider such application at any stage of trial, more particularly, Sec. 311 of the Criminal Procedure Code meant for this, if the case is made out.