DHARMENDRA LODHI Vs. STATE OF M.P.

JUDGEMENT

(1.) The case is posted for admission; however, since all documents necessary for disposal of this misc. criminal case are available, the matter is heard finally by consent.

(2.) This misc. criminal case has been instituted on an application under Section 482 of the Cr.P.C. filed on behalf of petitioner/accused Dharmendra Lodhi. He is facing Sessions Trial No.219/2017 in the Court of learned Second Additional Sessions Judge, Narsingpur under Sections 456, 450, 376 and 506 of the I.P.C.

(3.) It is not in dispute that on the date on which the case was fixed for final arguments, the prosecution moved an application under Section 311 of the Cr.P.C. for recalling the prosecutrix for further examination on the ground that at the time of her examination, the prosecution had failed to ask questions on certain important points, which would be helpful in the decision of the case. The defence opposed the application on the ground that all important points relating to the case were covered in the examination of the prosecutrix. It was further contended that it has not been specified in the application as to what are important points upon which the questions could not be asked by the prosecution. It was further contended that the application had been filed solely for the purpose of filling up lacunae in the prosecution case and for protracting the trial; therefore, it was prayed that the application be dismissed.