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2015 Supreme(Raj) 1594

VIJAY BISHNOI
Asharam @ Ashumal – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Mahesh Bora, Sr. Advocate assisted by Nishant Bora, Advocate.
For the Complainant:Rajesh Panwar, Addl. Advocate General P.C. Solanki, Advocate.

JUDGMENT

1. - This criminal misc. petition under section 482 CrPC has been filed by the petitioner against the order dated 01.05.2015 passed by Sessions Judge, District Jodhpur (for short 'the trial court' hereinafter) in Sessions Case No.152/2013, whereby the trial court has allowed the application filed by the prosecution under section 311 CrPC and recalled PW.35 (Nitin Dave) for his reexamination.

2. Brief facts of the case are that the petitioner is facing trial for the offences punishable under sections 342, 354- A, 370(4), 376(2)(f), 376(D), 506, 509, 109, 120-B, 34 IPC and sections 23, 26 of Juvenile Justice (Care and Protection of Children Act, 2000) and sections 5(f) (g), 7, 8 read with section 17 of the Protection of Children from Sexual Offences Act, 2012 before the trial court in sessions case No.152/2013. In the trial against the petitioner, recording of statements of the prosecution witnesses is under progress and on 18.03.2015, examination-in-chief of PW.35 was recorded and he was cross-examined by counsel for the accused-petitioner before the trial court on 19.03.2015. Thereafter, an application was moved on behalf of the prosecution on 17.04.2015 under section 311 C









































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