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Heard.

The petitioner has filed this petition under Section 482 of Cr. P. C. for setting aside the impugned order dated 8.5.2019 passed by the Special Judge SC/ST, Jabalpur in Case No. SC. ATR-270/2017, whereby the right of the applicant to cross-examine the prosecutrix has been closed.

The facts of the case in brief is that on the complaint of prosecutrix a Crime has been registered against the applicant under Sections 456, 354-B of IPC and Section 3(1) (B) (2), 3 (2) (5) (K) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. After framing the charges when the matter came up for recording the evidence of prosecution, the chief examination of the prosecutrix was taken place on 17.1.2019 and the case was fixed for cross-examination of the prosecutrix, at the request of the applicant counsel on 8.5.2019. On 8.5.2019, the counsel appearing on behalf of the applicant Shri Jitendra Shrivastava sought short adjournment on the ground that Senior counsel Shri Girish Shrivastava is out of station and he is adjusted by the High Court while other counsel Shri Dharmesh Shrivastava is suffering a paralysis attack and is not in a condition to attend the Court. However, the trial Court has closed the right of defence to cross-examine the prosecutrix by the impugned order dated 8.5.2019.

Learned counsel for the applicant has submitted that learned counsel appearing on behalf of the applicant Shri Jitendra Shrivastava sought short adjournment on the bona-fide and genuine ground, as Senior counsel Shri Girish Shrivastava was out of station and he was adjusted by the High Court while other counsel Shri Dharmesh Shrivastava had suffered paralysis attack and was not in a condition to attend the Court and prayed for setting aside the 2 MCRC-27869-2019 impugned order dated 8.5.2019 and extending an opportunity to cross- examine the prosecutrix.

On the other hand learned counsel for State has submitted that in-spite affording so many opportunities to cross-examine the prosecutirx the right of defence was closed, which is right and legal. It is further submitted that the prayer made by the petitioner is not justifiable and prayed for dismissal of the petition.

Although the record of the trial Court has not been called but on going through the impugned order dated 8.5.2019, it is clear that the chief examination of prosecutrix was recorded on 17.1.2019 and the case was fixed for today i. e. on 8.5.2019 for cross-examination of the prosecutrix and on that day Shri Jitendra Shrivastava, counsel appearing on behalf of the applicant sought short adjournment on the bona-fide and genuine ground of non-availability of Senior counsel Shri Girish Shrivastava, as he was out of station and other counsel Shri Dharmesh Shrivastava had suffered a paralysis attack and was not in a position to attend the Court but the trial Court has closed the right of defence of the applicant to cross-examine the prosecutrix. It is also a fact that the prosecutrix is resided at Kuliyana Mohalla and the offence is registered at P. S. Madan Mahal, Jabalpur.