AJAY KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dated 6.1.2014 passed by the Additional Chief Judicial Magistrate, Rajgarh, District Churu in Criminal Case No. 134/2006 (hereinafter referred to as 'the trial court') whereby the application filed by the petitioner under Section 311 Cr.P.C. for recalling PW -1, complainant -respondent No. 2 has been rejected.

(2.) BRIEF facts of the case are that the petitioner is facing trial for the offences under Sections 498A and 406 I.P.C. in connection with Criminal Case No. 134/2006 pending in the Court of Additional Chief Judicial Magistrate, Rajgarh, District Churu and in those proceedings, statements of complainant -respondent No. 2 were recorded on 7.5.2011. The petitioner has contended before the trial court that the respondent No. 2 had handed over the affidavit to one Somveer on 17.5.2008 and Somveer handed it over the said affidavit to the petitioner on 11.9.2013 which the petitioner has failed to produce for the purpose of confrontation during cross -examination of respondent No. 2 and, therefore, now he wants to cross -examine the respondent No. 2 in relation to said affidavit and, therefore, she should be recalled.

(3.) AFTER perusing the impugned order, this Court does not find any illegality in the order passed by the trial court as the trial court has rightly observed that when the respondent No. 2 was already cross -examined on the point of affidavit at the time of recording of her statement, there is no need to recall her for the same purpose. Hence, this Court does not find any illegality in the impugned order.