VITTHAL PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present petition has been filed by the petitioners-accused under Section 482 of Cr.P.C. challenging the order dated 28th July, 2012 passed by the Civil Judge (JD) & Judicial Magistrate, Kishangarh (hereinafter referred to as 'the trial court') in Cr. Regular Case No. 539/99, whereby the trial court has allowed the application filed by the prosecution to recall the Witness Omprakash under Section 311 of Cr.P.C.

(2.) IT has been sought to be submitted by the learned counsel Mr. Rajesh Sharma for the petitioners that the trial court had permitted the prosecution to recall the witness who was already examined as P.W. 7, at the fague end of the case when the case was listed for final arguments after recording the statements under Section 313 of Cr.P.C. He also submitted that the reasoning given by the trial court in the impugned order are contrary to the record of the case, inasmuch as despite several opportunities having been granted to the prosecution, the concerned witness was not kept present, however the trial court has observed that the prosecution was not granted sufficient opportunity. He also submitted that the prosecution had filed the application for recalling the said witness in order to fill up the lacuna which was found in his evidence.