JUDGMENT

DR. SWARANA KANTA SHARMA, J (ORAL)

CRL.M.A. 23680/2025 (exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

CRL.REV.P. 312/2025

3. By way of the present petition, the petitioner is seeking setting aside of the order dated 01.07.2025 [hereafter ‘impugned order’], passed by the learned Additional Sessions Judge, FTSC, POCSO, West District, Tis Hazari Courts, New Delhi [hereafter ‘learned ASJ’] in Sessions Case No. 4488/2024, arising out of FIR bearing no. 1190/2024, registered at Police Station Nihal Vihar, Delhi, for the commission of offences punishable under Sections 64(2)(F)/64(2)(M)/65(1) of the BNS, 2023 and Section 6 of POCSO

Act, 2012 – vide which the application filed by the petitioner under Section 348 of BNSS, 2023 for recalling PW-10 Dr. Ankita Khandelwal and PW-12 IO/WSI Pinki for cross-examination was dismissed.

4. Issue notice. The learned APP accepts notice on behalf of the State.

5. The learned counsel appearing on behalf of the petitioner argues that that learned ASJ has dismissed the application filed by the petitioner without appreciating that further cross-examination of PW-10 and PW-12 is necessary for reaching just decision