RAMESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under section 482 Crimial P.C. has been filed by the petitioner against the order dated 03.12.2014 passed by the Additional Sessions Judge No.3, Bikaner (for short 'the revisional court' hereinafter) in Cr.Revision Petition No.62/2014, whereby the revision petition has been dismissed by the revisional court.

(2.) The above mentioned revision petition was filed by the petitioner being aggrieved with the order dated 24.09.2014 passed by the Additional Chief Judicial Magistrate No.4, Bikaner (for short 'the S.B.CR MISC. Petition No.19/2015 Ramesh Kumar Vs. State of Rajasthan trial court' hereinafter) in Cr. Regular Case No.17/2012, whereby the trial court, while allowing the application of the prosecution under section 311 CrPC, has ordered for recalling PW.4 Smt. Rashmi Jain, Excise Inspector for recording her further evidence.

(3.) The learned counsel for the petitioner has submitted that the trial court has grossly erred in allowing the application filed by the prosecution for recalling the witness, whose statement has already been recorded. The learned counsel for the petitioner has further submitted that the provisions of section 311 Crimial P.C. cannot be used for filling up lacunas of the prosecution evidence, however, the trial court without taking into consideration the above position of law, has illegally passed the impugned order and recalled the witness PW.4-Smt. Rashmi Jain for her further evidence. It has also been submitted that the revisional court has also not taken into consideration the above aspect of the matter and has illegally dismissed the revision petition filed by the petitioner. S.B.CR Misc. Petition No.19/2015 Ramesh Kumar Vs. State of Rajasthan