Ghashi Paswan @ Dharamaveer Paswan @ Ranjit Paswan @ Pahalwan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49037 of 2023 Arising Out of PS. Case No.-9 Year-2020 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Ghashi Paswan @ Dharamaveer Paswan @ Ranjit Paswan @ Pahalwan, Son of Ramdhyan Paswan, Resident Of Village- Nibi, P.S.-Chand, DistrictKaimur ... ... Petitioner
Versus
1.
The State of Bihar 2.
Ramashankar Paswan, Son of Katwari Paswan, Resident of Village- Bhitti, P.S.-Mohania, District- Kaimur.
... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Viveka Nand Singh, Advocate For the Opposite Party :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-08-2023 The defect pointed out by the office is ignored. 2.
This application has been filed for quashing of order dated 27.03.2023 passed by learned Special Judge, POCSO-cum-A.D.J.-VI, Bhabhua, in POCSO Case No. 08 of 2020, whereby the learned Special Judge has rejected the petition filed by the petitioner to recall P.W.-2 namely, Rama Shankar Paswan for cross-examination.
3.
Learned counsel for the petitioner submits that because of the mistake of his lawyer, the petitioner cannot be denied the opportunity to cross-examine the important witness.
4.
I have considered the submissions of the
Patna High Court CR. MISC. No.49037 of 2023(2) dt.24-08-2023 2/2 parties and perused the materials on record.
5.
I find substance in the submission of learned counsel for the petitioner. Accordingly, this application is allowed and the impugned order dated 27.03.2023 passed by learned Special Judge, POCSO-cum-A.D.J.-VI, Bhabhua, in POCSO Case No.08 of 2020, is hereby quashed. The petitioner is permitted to cross-examine P.W.-2 namely, Rama Shankar Paswan. The trial court will issue summons to P.W.-2 namely, Ram Shankar Paswan for cross-examination.
(Sandeep Kumar, J) pawan/- U T