AARTI SHUKLA Vs. STATE OF M.P.

JUDGEMENT

(1.) The present petition under Sec. 482 of Cr.P.C/528 of BNSS has been filed by the applicant, who is aggrieved by the order dtd. 5/5/2025 whereby an application moved by the applicant under Sec. 311 of Cr.P.C. for recalling the witnesses namely P.W-1(prosecutrix), P.W-2(father of the prosecutrix), P.W-4(mother of the prosecutrix) and P.W-7(Investigation Officer) has been dismissed.

(2.) Learned counsel for the petitioner submits that although crossexamination of aforesaid witnesses has been done but some important questions are to be asked in the cross-examination. Earlier counsel has not cross-examined these witnesses on material points. He further submitted that applicant is 19 years old and she should be given opportunity to prove her innocence. Trial Court has wrongly rejected the application on the ground that sufficient opportunity has been given and detailed cross examination has been done therefore, in the interest of justice, all the above witnesses should be recalled and opportunity should be given for re-cross examination.

(3.) On the other hand, Shri Baghel, learned counsel appearing for the respondent/State opposes the submissions made by counsel for the petitioner and submits that trial is virtually at the verge of its conclusion and in fact, all the material witnesses have already been examined and statement of PW-1, PW-2, PW-4 and P.W-7 got recorded long back and now at this stage, on the ground that they have not been properly examined by the earlier counsel for defence, the impugned order cannot be recalled and the trial Court has rightly rejected the application because it cannot be made a ground for recalling the witnesses and if the application is allowed, then this would frustrate the very purpose of Sec. 311.