KRISHNA GOPAL SHARMA Vs. LOKESH KUMAR AGRAWAL

JUDGEMENT

(1.) This petition under section 482 Crimial P.C. has been filed against the order dated 14.7.2010 passed by the learned Additional Sessions Judge (Fast Track) No.3, Jaipur city, Jaipur in Criminal Revision No. 33 of 2010, Krishna Gopal Vs. Lokesh Kumar and that of the order dated 24.4.2010 passed by the learned Additional Chief Judicial Magistrate No.8, Jaipur city, Jaipur.

(2.) Necessary facts for the disposal of the present petition are that the accused petitioner is facing trial before the learned trial court and an application under section 311 Crimial P.C. was moved by him to recall the complainant of the case for the purpose of conducting cross-examination on his affidavit. The learned trial court vide its order dated 24.4.2010 rejected the application. The revision petition preferred before the learned revisional court against the said order was dismissed vide order dated 14.7.2010. Hence, the present petition has been filed.

(3.) It has been the contention of the learned counsel that both the courts below have committed illegality in not considering the fact that it was essential, in the interest of justice, to allow the application moved by the petitioner under section 311 Cr.P.C.