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2024 Supreme(Online)(MP) 29107

HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE VISHAL DHAGAT, J
Brijesh Vishwakarma – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Deependra Kumar Mishra,Advocate General

ORDER

Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure challenging order dated 07.10.2023 passed by Special Judge (POCSO), Panna in S.C. No. 32/2022.

2. Counsel appearing for the petitioner submitted that Advocate did not appear in Court despite signing vakalatnama on behalf of his client. It was duty of counsel to appear before Court on behalf of his client, who is in jail. Despite signing vakalatnama, he did not appear in Court therefore, client has to file an application under Section 311 Cr.P.C. Trial Court has dismissed the application on ground that repeatedly Advocate was called, but he did not appear before Court, therefore, Court was left with no other option but to proceed with examination of doctor and opportunity was provided to accused for cross- examination. It is submitted that none of the Advocate appeared before Court for cross-examination therefore, accused was prejudiced in his defence.

3. Government Advocate appearing for State opposed the petition and supported the order passed by trial Court.

4. Heard the counsel for the parties.

5. On going through order-sheets, it is found that repeated opportunities were granted to Ad

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