GIRDHARI LAL Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) By the instant revision petitions under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure (for short 'the Code'- hereinafter), the petitioner complainant has challenged the order dated 29.10.2005 passed by Additional Chief Judicial Magistrate,.Sri Ganganagar (for short 'the trial Court' hereinafter) in Criminal Case No.. 106/2004 whereby the trial Court allowed the application filed by accused-non-petitioner No. 2 under Sec. 311 Crimial P.C., and petitioner PW-1 Girdhari Lal was recalled alongwith his- income tax returns for the Assessment Years 2002-03 and 2003-04 for the purpose of further cross-examination.

(2.) I have heard learned counsel for the parties. Carefully gone through the order passed by the trial Court.

(3.) From the perusal of the order impugned, it appears that the trial Court came to the conclusion that recalling of the petitioner and production of his income-tax returns for the Assessment Years aforesaid is essential for the just decision of the case in order to avoid failure of justice.