Anil Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Cr.R. No. 1572 of 2019 • Anil Yadav S/o Sheshman Yadav Aged About 33 Years R/o Pathari, Thana Balrampur, District Balrampur Ramanujganj, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Police Station Balrampur, District Balrampur-Ramanujganj, Chhattisgarh ---- Respondent For Petitioner : Mr. Vikash Pandey, Advocate.

For respondent : Mr. C.B. Kesharwani, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 13-12-2019 Heard.

1. This petition has been brought being aggrieved by the order dated 07.11.2019 passed by the Special Judge, Balrampur, PlaceRamanujganj, District- Balrampur Ramanujganj, by dismissing the application filed by the applicant/accused under Section 311 of Cr.P.C.

2. It is submitted by the learned counsel for the applicant that the applicant may be provided with appropriate opportunity to recross-examine the prosecutrix, as some questions were left out in the cross-examination. Therefore, it is prayed that this revision petition may be allowed.

3. Learned counsel for the State opposes the submissions and submits that the questions that are proposed to be asked to the prosecutrix have already been asked in the cross-examination done earlier by the applicant side, therefore, the trial Court has rightly rejected the application. Hence, it is prayed that his revision petition may be rejected.

-24. On perusal of the copy of application filed under Section 311 of Cr.P.C. and the copy of deposition of the prosecutrix filed, it is found that the questions which proposed to be put to the prosecutrix has already been asked. Therefore, no error has been committed in rejecting the application filed by the petitioner. Hence, this revision petition is dismissed and disposed off at motion stage.

5. Accordingly, the petition stands disposed off. Sd/- Monika (Rajendra Chandra Singh Samant) Judge