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2023 Supreme(Del) 1165

DINESH KUMAR SHARMA
Ravi Shanker – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates appeared:
Mr. Mohit Mathur, Senior Advocate with Mr. Javed Ali and Mr. Abdul Rehman Malik, Advocates, for the Petitioner.
Mr. Amit Sahni, APP for the State with SI Abhilash, PS Gandhi Nagar.
Mr. Lalit Sharma, Advocate, for the Respondent No.2.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--Present petition has been filed challenging the impugned order dated 28.09.2022, whereby, the application of the petitioner under Section 311 Cr.P.C. for recalling of PW-1 and PW-10 for cross examination was rejected by the learned Trial Court. It is pertinent to note that in the present case, PW-1 is the prosecutrix and PW-10 is the Investigating Officer.

2. Learned senior counsel for the petitioner submits that inadvertently PW-1 and PW-10 were left out to be cross-examined regarding certain relevant aspects, i.e., site plan of the incident, statement of the victim's friend, seizure of mobile phone etc. Learned senior counsel for the petitioner submits that PW-1 and PW-10 shall be cross-examined only to this extent and the petitioner shall not take any adjournment for the cross-examination of PW-1 and PW-10.

3. PW-1 is appearing through video conferencing. Her counsel Sh. Lalit Sharma is present in Court. It has been stated that she has no objection if the present petition is allowed. An affidavit confirming this has also been handed over in Court.

4. Learned Addl. P.P. for the State has opposed the present petition. It has been submitte

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