SURBHI PAREEK Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) The instant revision has been filed by the petitioner complainant against the order dated 29.6.2012 passed by the learned Additional Sessions Judge No.1, Hanumangarh in Sessions Case No.106/11, whereby the learned Additional Sessions Judge has allowed the application filed under Sec. 311 Crimial P.C. by the accused and has directed that the witnesses P.W.4 the petitioner prosecutrix and P.W.6 Rajendra Pareek be recalled for the purpose of permitting their cross-examination in relation to the issue as to whether the house, where the incident took place had been given as gift to P.W.4 or not.

(2.) Learned counsel for the petitioner submits that when the witnesses P.W.4 and P.W.6 were examined in the trial Court, they have been put the questions in relation to the gift of the house, therefore, the present attempt, which has been made by the accused for recalling these witnesses is nothing but an attempt to delay the case and in order to tamper the prosecution evidence. He has pointed out the following portions of the cross-examination of these witnesses and submits that sufficient cross-examination in relation to this issue has already been done:

(3.) He therefore prays that the order impugned is per se an abuse of the process of the Court as well as gross illegality ad thus, deserves to be quashed.