MASOOM HUSSAIN SHAH Vs. STATE AND ORS

JUDGEMENT

(1.) Through the medium of the instant Criminal Revision Petition, petitioner seeks quashment/setting aside of the impugned order dated 11th August, 2012, passed by the learned Principal District and Sessions Judge, Jammu under Section 540 of the Cr.P.C, by virtue of which prosecutrix/ respondent No. 4 herein has been recalled as a witness, whose statement was already recorded before the Court on 26th May, 2012 in a free and fair manner and without any pressure, force or coercion. The petitioner has also prayed that the statement of the respondent No. 4 may kindly be deferred, which has been fixed on 27th August, 2012 in the Court of learned Principal District and Sessions Judge, Jammu till the disposal of Revision Petition.

(2.) The factual matrix of the case is that a false and frivolous FIR was lodged against the petitioner in Police Station Janipur, Jammu on 01- 12-2011 under Section 376, 452 and 323 RPC and thereafter, the Challan was presented before the Court on 23 rd of January, 2012, charges were framed on 23 rd of January, 2012. After framing of charges, the Learned Court below fixed the calendar date for recording the statement of the prosecutrix. From the date of framing of charges till the date of recording the statement of the prosecutrix, more than 21 dates were fixed by the learned Court below. Finally, on 26th of May, 2012, the prosecutrix fairly made the statement before the Court under Section 164 Cr.P.C in Camera and out rightly denied the allegations and charges framed against the accused. The prosecutrix was declared hostile and she was also later on crossexamined by the learned Public Prosecutor. In the cross-examination, she fairly stated that the petitioner has neither committed any offence nor she knows the petitioner. After period of two months, the prosecutrix moved an application through Public Prosecutor under Section 540 Cr.P.C. The application was strongly opposed by the petitioner by way of objections and also on the basis of record annexed.

(3.) The petitioner has assailed the aforesaid impugned order on the following grounds:-