JUDGMENT

SWARANA KANTA SHARMA, J.

1. The instant petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C’) for quashing of order dated 23.05.2023 passed by learned Additional Sessions Judge (FSTC), POCSO, North-West, Rohini Courts, New Delhi (‘Trial Court’) in Sessions Case 53715/2016 arising out of FIR bearing no. 669/2016, registered at Police Station Keshav Puram, Delhi for offences punishable under Sections 376/506 of the Indian Penal Code, 1860 (‘IPC’) and Section 6 of Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’).

2. Briefly stated, the facts of the case are that the petitioner/ accused had allegedly committed rape upon respondent no. 2/prosecutrix, following which, an FIR was registered on 20.10.2016. The examination-in-chief and cross-examination of the prosecutrix and of the complainant i.e. mother of the prosecutrix was concluded on 20.10.2018. Thereafter, on 30.08.2019, the doctor who had proved the contents of MLC was examined and discharged. The petitioner had moved an application under Section 311 Cr.P.C. seeking directions to re-call the prosecutrix and her mother on the ground that the cross-exa