JUDGMENT

REVATI MOHITE DERE, J. - Heard learned counsel for the parties.

2. Rule. Rule is made returnable forthwith with the consent of the parties and is taken up for final disposal. Learned APP waives service on behalf of respondent-State.

3. By this petition, the petitioner has impugned the order dated 2nd February 2021 passed by the Additional Sessions Judge, Pune, below Exhibit 1 in Special Case (ACB) No. 70 of 2015. Learned counsel for the petitioner submits that it was impermissible for the learned Judge to recall the complainant Sujata Sutar, to prove the memory card seized in the present case, in the peculiar facts of this case. He submits that the impugned order dated 2nd February 2021 was passed taking recourse to Section 311 of the Code of Criminal Procedure ('Cr.P.C'), after the petitioner had disclosed his defence in the written notes of arguments submitted on his behalf under Section 314 of Cr.P.C. He submits that the impugned order was passed after the learned Judge had completed recording of evidence of witnesses; after recording 313 statement of the petitioner and after hearing the arguments in the said case. He submits that it was not permissible for the learned J