KHOOB SINGH Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) A learned Single Bench of this Court on 3 rd January, 2018 has referred the following questions for the opinion of the Larger Bench:-

(2.) The said question arises out of the fact that in a trial for the offences punishable under Sections 363 , 366A , 376A and 302 of the Indian Penal Code, 1860 (for short "the IPC ") and Section 4 of the Protection of Children From Sexual Offences Act, 2012 (for short "the Act"), the learned Trial Court passed an order on 6th October, 2017 permitting the re- examination of three witnesses, namely, Arjun Singh (PW-9), Dr. Sunil Parashar (PW-10) and N.P. Patel (PW-16) and also ordered examination of constable Neeraj Rawat, Sainik Ramesh, Constable Tej Singh, Bharat, Hakum, Charan, Bhagwan, Santosh Rai and Halka Patwari - Dharmendra and one Vandana alias Simma. It is the said order, which has been challenged before this Court relying upon a Single Bench decision of Gwalior Bench of this Court in the case of Imrat Singh and others vs. State of M.P . (2015 Cri.L.J. 3473) inter alia contending that after the case is fixed for argument, the application for recall of the witnesses is not maintainable.

(3.) The learned Single Bench hearing the petition, had reservation about the judgment rendered in the case of Imrat Singh (supra) and therefore, the matter has been referred to the Larger Bench.