1 2025:CGHC:3622 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 3269 of 2024 • Harish @ Harshit @ Lalu Chauhan S/o Balaram Chauhan Aged About 24 Years R/o Korar, P.S. Korar, District North Bastar, Kanker, Chhattisgarh. ... Petitioner(s) versus • State of Chhattisgarh Through S.H.O. Police Station Balod, District Durg Chhattisgarh.. ---- Respondents ----------------------------------------------------------------------------------------------- For Petitioner : Mr. Vidhyabhushan Soni, Advocate For Respondent-State : Ms. Priya Sharma, PL. For Respondent/Objector : Mr. Aditya Ku Mishra, Advocate alongwith victim and her mother. ----------------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 21.01.2025 1. This petition has been filed challenging the order dated 25.10.2024, (Annexure P-1) by which learned Special Judge, POCSO Act, Bhanupratappur, Distt :North Bastar Kanker, (CG), has dismissed/rejected the application of petitioner filed under Section 311 of CrPC seeking re-examination of the victim/prosecutrix (PW-1). 2. Brief facts of this case is that trial Court has rejected the application filed by the petitioner, whereby he wants to re-examine the 2 victim/prosecutrix pertaining to her birth certificate, kotwari register, attendance register of school and whereabout at the time incident. Hence, this petition. 3. Learned counsel for the petitioner submits that petitioner/accused moved an application before the trial Court seeking re-examination of the victim/prosecutrix (PW-1) in order to bring on record correct facts and circumstances, which could not be elicited during her examination and cross-examination and are also for just disposal of the trial. However, the trial Court by the impugned order Annexure P-1 has erroneously rejected the said application. He submits that rejection of application in the given facts and circumstances of the case would amount to failure of justice and it would also amount to abuse of process of the Court. s 4. Learned State Counsel submits that trial Court has rightly rejected the application filed by the petitioner as the victim has already examined and cross-examined extensively. 5. Complainant (mother of victim) alongwith her Counsel appeared before this Court and has not raised any objection to the prayer made by counsel for the petitioner. 6. Heard learned counsel for parties and perused the order of trial Court placed on record. 7. Trial Court has vide power under Section 311 CrPC to examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case at any time. Section 311 of Cr.PC reads as under :- 3 “311. Power to summon material witness, or examine person present. -- Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case. 8. Considering facts of the case, submissions of learned counsel for the parties, pleadings made in the petition, the fact that petitioner wants to cross-examine the victim to prove his defence and complainant has not raised any objection, further considering Section 311 CrPC and in order to bring on record correct facts and circumstances and also just and proper disposal of the trial, I am inclined to allow this petition. 9. Accordingly, the present petition is allowed. Impugned order Annexure P-1 is hereby set aside. Application filed by the petitioner vide Annexure P-3 before the trial Court is allowed. However, trial Court is directed to give only one opportunity to the petitioner/accused to cross-examine the victim/prosecutrix pertaining to her birth certificate, kotwari register & attendance register of the school. CC as per rules. Sd/- Sd/- (Arvind Kumar Verma) Judge J/-