D.N. Prasad, J.

1. This is an application under Section 482 of the Code of Criminal Procedure against the order dated 11.6.2001, whereby and whereunder the learned trial Court rejected the prayer of the petitioner to recall the prosecutrix for further cross-examination under Section 311, Cr PC, in connection with Lohardaga PS. Case No. 110/99, which was registered under Section 376/34, IPC.

2. The learned counsel appearing on behalf of the petitioner submitted that subsequent development has been made as both parties have compromised the case outside the Court and a compromise petition has already been filed on 29.3.2001 and as such in the light of the said compromise petition, re-cross- examination of the prosecutrix is essential for the ends of justice but the learned Court below rejected the prayer illegally.

3. From perusal, it is obvious that a petition was filed for the recall of the prosecutrix for further cross-examination in the background of the compromise petition which was filed as back as on 29.3.2001 and in this respect Section 311, Cr PC, is also very much clear and thereby the trial Curt ought to have granted the prayer of the petitioner for recalling the prosecut