STATE OF MADHYA PRADESH Vs. KHOOB SINGH YADAV

JUDGEMENT

(1.) This criminal revision has been filed by the petitioner/State under Section 397 / 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code" for the sake of brevity) against the order dated 06.12.2018, passed in Special Sessions Trial No.12/2016 (State Vs. Khoob Singh Yadav), by the learned Special Judge (POCSO Act), Damoh; whereby the application under Section 311 of the Code filed by the petitioner/State was rejected.

(2.) It is not in dispute that the trial of Special Sessions Case No.12/2016 is pending before the Special Judge (POCSO Act), Damoh since 2016 in which 43 witnesses have been examined and when the case was fixed for examination of remaining witnesses on 11.10.2018 on behalf of the petitioner/State an application under Section 311 of the Code was filed for re-summoning witnesses i.e. Investigating Officer D.P. Dubey (PW-15) and N.P. Patel (PW-16) whose examination have already been taken place before the trial Court. Reply of the application was filed by the respondent and after hearing both the parties the said application was dismissed vide order dated 06.12.2018 with the specific observation that an application for the same nature was already filed by the petitioner/State on 17.01.2017 for re- examination of some of the witnesses which was allowed by the trial Court affording an opportunity to re-examine the witnesses and they were re-examined and cross-examined accordingly.

(3.) Learned Panel Lawyer for the petitioner/State has submitted that the witnesses whose names shown in the application although have already been examined before the trial Court but again their re-examination is necessary. In view of the aforesaid, he prays that permission may be granted to call the witnesses i.e. Investigating Officer D.P. Dubey (PW-15) and Sub Inspector N.P. Patel (PW-16) in the interest of justice.