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2022 Supreme(MP) 397

G. S. AHLUWALIA
Shadab Ansari – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Deependra Singh Kushwaha for applicants;
Ms. Kalpana Parmar, Panel Lawyer for respondents/State.

ORDER

1. This application under section 482 of CrPC has been filed against the order dated 23.10.2021 passed by Special Judge (POCSO Act), District Bhind in ATR No.41/2020, by which right of the applicants to crossexamine the prosecutrix has been closed.

2. It is submitted by the counsel for the applicant that on 16.9.2021 the prosecutrix had appeared, but because of reference on account of death of an Advocate, she could not be examined. Thereafter, again she appeared on 9.10.2021, but counsel for the applicants was not ready to crossexamine her. Accordingly, case was adjourned with a stipulation that in case, if the counsel for the applicants does not cross-examine the prosecutrix on the next date of hearing, then the right of the applicant to cross-examine her shall be closed. Thereafter, it appears that on 23.10.2021 the prosecutrix appeared and her examination-in-chief was started at 12:00 PM. During recording of examination-in-chief of the prosecutrix, counsel for the applicants was present and the examinationin-chief was concluded by 12:20 PM, but Shri Neeraj Shrivastava, Advocate who was contesting the case on behalf of the applicants did not appear in spite of repeated inst

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