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2014 Supreme(MP) 1646

S.K.PALO
SONERAM RATHORE – Appellant
Versus
STATE OF M. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mahesh Goyal, Advocate
For the Respondent: Neelesh Tomar, P.L.

ORDER :

S.K. PALO, J.

1. This revision under Section 397 read with Section 401 of Cr.P.C. has been filed challenging the legality, validity and propriety of the impugned order dated 31.10.2014 passed by the IIASJ, Sabalgarh in ST No. 63/2013, by which the application under Section 311 of Cr.P.C. for re-calling the witness has been rejected. The facts just necessary for disposal of the case are that; the petitioner is accused in ST No. 63/13 and facing charge under Section 376 of IPC During the trial, PW-1, prosecutrix was examined on 17.5.2013. PW-2 Darshan was examined on 18.6.2013, PW-3, Dr. Archna has been examined on 19.6.2013.

2. The petitioner/accused filed an application under Section 311 of Cr.P.C. dated 2509/2014 which was decided by the impugned order dated 31.10.2014 by the trial Court. The petitioner accused submitted that during the examination of prosecutrix some important questions could not be asked by Advocate Shri A.K. Shrivastava. Therefore, her cross examination could not be conducted properly and effectively. The mistake committed by the counsel has to be corrected. Now, the petitioner accused has changed his counsel. Now, the petitioner is represented by Shri Pur












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