JUDGMENT (ORAL)

Tushar Rao Gedela, J.—[The proceeding has been conducted through Hybrid mode]

Crl.M.A. 9811/2023 (Exemption)

Exemption is allowed, subject to all just exceptions.

2. Application stands disposed of.

Crl.M.C. 2595/2023

3. This is a petition under Section 482 of the Cr.P.C., 1973 seeking setting aside of the order dated 03.01.2023 passed by the learned Trial Court in CIS SC No.80/2020 arising out of the FIR No.92/2019, Police Station Tigri, for the offences under Section 354/354A/354D IPC, 1860 and Section 12 POCSO Act challenging the dismissal of the application under Section 311 Cr.P.C. seeking recall of PW1 for the purposes of cross examination.

4. Mr. Kumar, learned counsel appearing for the petitioner submits that PW1 was present for recording of evidence on 17.12.2021, however, due to the inability of the counsel for the petitioner from appearing on 17.12.2021 and also for the reason that though the proxy counsel was present before the learned Trial Court seeking adjournment, the learned Trial Court did not grant adjournment and proceeded to record the evidence and closed the evidence of PW1. Learned counsel submits that after 17.12.2021, the other witness