SURENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) FOLLOWING important questions of law are arising in this petition:- (1) Whether order passed by the Trial Court rejecting an application under Sec. 311 Cr. P. C. filed by the accused persons, to recall the witnesses for the purpose of further examination is an interlocutory order or not? (2) Whether, this Court can exercise its inherent powers under Section 482 Cr. P. C. against such interlocutory order when the Sessions Court has rejected the revision filed by the accused solely on the ground that no revision would be maintainable u/sec. 397 (2) Cr. P. C. ? (3) Whether this Court can entertain the petition against such interlocutory orders passed by the trial court under Section 482 Cr. P. C. ?

(2.) THE present accused petitioners along with one more accused are facing trial for offences punishable under Section 420, 467, 468, 471 read with 120-B I. P. C. of committing forgery and cheating the Government for lakhs of rupees way back in 1981 before the Court of Additional Chief Judicial Magistrate, CBI cases, Jodhpur. THE case is pending against them since 1982 before the Court at Jaipur which was later on transferred to Jodhpur.

(3.) THERE is a specific bar of second revision u/sec. 399 (3) Cr. P. C. , therefore, the petitioners have filed this petition under Sec. 482 Cr. P. C. before this Court and have prayed that the impugned order dated 7. 3. 2001 passed by the learned A. C. J. M. (CBI), Jodhpur in criminal case No. 9/99 as well as the order dated 24. 4. 2001 passed by the learned Sessions Judge, Jodhpur in criminal revision be quashed and set aside and the application filed by them u/s. 311 Cr. P. C. be allowed and the Trial Court be directed to recall the aforesaid 3 witnesses for the purpose of further cross-examination.