JUDGMENT

S. Abdul Nazeer, J.

This appeal is directed against the order dated 22.5.2012 in S.B. Criminal Miscellaneous Petition No.1679 of 2012, whereby the High Court of Rajasthan (Jaipur Bench) has allowed the criminal miscellaneous petition filed under Section 482 of Code of Criminal Procedure, 1908 and has set aside the order dated 24.04.2012 passed by Additional Sessions Judge (Fast – Track), Sikar.

2. A charge sheet No.22 of 2009 dated 20.3.2009 was presented under Sections 302, 201, 342, 120-B IPC against respondent Nos.1 and 2 and three others. Charges have been framed under the aforesaid Sections against the accused persons. Statements of 28 witnesses have been recorded in the trial. The statements of Sawarmal and Chandri have been recorded as PW4 and PW5 respectively. Thereafter, both moved applications before the Sessions Judge under Section 311 of Cr.P.C. for re-recording their statements on the ground that the previous statements were made under the influence of the police. In the applications, the witnesses have stated that respondent Nos.1 and 2 had no role in the incident.

3. The Sessions Judge by the order dated 24.4.2012, dismissed the applications observing that the 2