Petitioner sought quashing of the order rejecting his Section 311 Cr.P.C. application for recall of two witnesses in a POCSO trial. The court held the application was filed to delay the trial and dismissed the quashing petition.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50236 of 2024
Arising Out of PS. Case No.-60 Year-2022 Thana- MAHILA PS District- Gaya
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AATISH RAY @ GAGAN RAJ S/O BINDESHWAR PASWAN R/O VILLAGE- AKURAHAWAN, P.S- MUFFASIL, DISTT.- GAYA.
... ... Petitioner/s
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Ashok Kumar For the Opposite Party/s : Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
2 08-10-2024 Heard the parties.
order dated 23.03.2024 passed in POCSO Case No. 35 of 2023 in Mahila P.S. Case No. 60 of 2022 by which the Additional District and Sessions Judge, VI, Gaya had rejected the petition of the petitioner filed under Section 311 of the Cr.P.C. for recall of the examination of the 2 witnesses.
be the tution teacher of the victim and he is alleged to have made physical relation with her and has also made video and taken several photos with her and blackmailed her.
Patna High Court CR. MISC. No.50236 of 2024(2) dt.08-10-2024 2/2
defence witnesses have been examined and the case is on the verge of completion.
Rajesh Talwar Vs. CBI reported in (2014) 1 SCC 628 .
(Sandeep Kumar, J)
Vikas/-
U
1 issue framed by the court
Whether a petition under Section 311 Cr.P.C. to recall examination of two witnesses should be allowed at the verge of trial completion in a POCSO case.
Colour shows how this judgement treated each authority
Rajesh Talwar Vs. CBIRelied on¶5
(2014) 1 SCC 628 · Who else cites this
1 provisions across 1 enactments
Aatish Ray @ Gagan Raj
The State of Bihar
Jiya Gupta
Sandeep Kumar
As recorded by the court registry
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