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2022 Supreme(MP) 1570

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


Advocates Appeared:
S.K. Mishra, Advocate, A.K. Nirankari, Advocate

JUDGMENT

G.S. ahluwalia, J. - This application under Section 482 of Cr.P.C. has been filed against the order dated 24.11.2021 passed by additional Sessions Judge (POCSO act), Mehagaon, District Bhind in Special Sessions Trial No.28/2021 by which the application filed by the applicant under Section 311 of Cr.P.C. has been rejected.

2. It is submitted by the counsel for the applicant that the applicant is facing trial. On 7.8.2021, the prosecutrix was present but the case was adjourned on account of the fact that the Presiding Officer was on leave and the prosecutrix was bound over for 12.8.2021. On 12. 8.2021, the prosecutrix appeared before the Trial Court and her examination-in-chief was recorded. at that time the counsel for the applicant moved an application for deferment of cross-examination on the ground that health condition of his senior advocate is not good, therefore, he is not in a position to cross-examine the prosecutrix. The prayer made by the counsel for the applicant was allowed and the cross-examination of the prosecutrix was deferred subject to payment of cost of Rs.250/- with a clear stipulation that on the next date of hearing, the counsel for the applicant would p

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