JUDGMENT :

RAKESH KAINTHLA, J.

1. The present petition has been filed under Section 482 of Cr.P.C. against the order dated 25.02.2022 passed by the learned Additional Sessions Judge, Fast Track Special Court (POCSO), Shimla in Criminal Miscellaneous Petition No. 15-S/4 of 2021 in CIS No. 2053/2021, Sessions Trial No. 70-S/7 of 17/21.

2. It has been asserted that the petitioner and proforma respondent are facing trial for the commission of offences punishable under Sections 363, 366 & 376 read with Section 34 of IPC and Section 4 of the Protection of Children from Sexual Offences Act (in short ‘POCSO Act’) before the learned Additional Sessions Judge, Fast Track Court (POCSO) Shimla (in short learned Trial Court). The prosecution filed an application under Section 311 of Cr.P.C. for examining LC Sunita, Constable Amit, Constable Pardeep, HHC Layak Ram (retired), and recalling of two witnesses, namely, Constable Vishal and HC Praveen along with Malkhana Register. The petitioner contested the application by filing a reply. Learned Trial Court allowed the application vide order dated 25.02.2022. Learned Trial Court erred in allowing the application because it violates the concept of fair