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HIGH COURT OF CHHATTISGARH - PRINCIPAL BENCH CHHATTISGARH
XYZ – Appellant
Versus
STATE OF CHHATTISGARH – Respondent


Order on board

11.11.2022

1. The applicant has challenged the order dated 22.09.2022 passed in Special Special Session Trial No.24/2022 by the Special Judge, F.T.S.C. Sakti, District – Janjgir Champa, c.G. whereby the application preferred under Section 311 of the Cr.P.C. for recalling the prosecutrix and her mother for re-

examination has been dismissed.

2. Learned counsel for the applicant would submits that as the applicant/victim has already entered into a compromise with the accused and they have also moved an application for compromise under Section 320(2) of the Cr.P.C., the same has been dismissed as the offence is not compoundable in nature. Considering the change in the circumstances, the application has moved an application under Section 311 of the Cr.P.C. for re-examination of the prosecutrix and her mother, but by the impugned order such application has been dismissed. He would further submits that learned lower Court while dismissing the application has committed error in law, therefore, prays to allow this revision and set aside the impugned order.

3. On the other hand learned counsel for the State strongly opposes this revision petition and submits that the revision is

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