1. This Petition has been filed under S.482 Cr.P.C against the order dated 06.01.2023 passed by the Additional Sessions Judge, FTSC (POCSO Act), Baloda Bazar, District Balodabazar - Bhatapara in Special Criminal Case No.92/2022, whereby the application filed by the Petitioner under S.311 Cr.P.C for recalling the witness i.e. the victim and her mother for cross - examination, has been dismissed.

2. Brief facts of the case are that the Petitioner is being prosecuted for the offence under S.363, S.366 - A and 376 IPC as also under S.4 and S.6 of the POCSO Act, 2012 (for short 'the Act of 2012'). On 30.11.2022, the trial Court has recorded the statement of the prosecutrix and her mother on which date, another Counsel namely Mr. SP Bharadwaj informed the Court that the arguing Counsel Shri SP. Verma has gone for attending proceedings being held at the High court, therefore, the cross - examination of the prosecutrix and her mother could not be done and prayed for another date for carrying out the same by stating that the Petitioner is ready to bear the travelling and other expenses of the witnesses. The Court below asked the Counsel appearing on behalf of Shri SP Verma to take note of