JUDGMENT

R.R. Yadav, J. - The present revision petition under Section 397 read with Section 401, Code of Criminal Procedure has been filed against the order dated July, 8, 1999 passed by learned Chief Judicial Magistrate. Jalore in Cr. Misc. Case No. 301/96 whereby the learned Magistrate refused to recall witnesses for cross-examination who were examined in absence of husband in a proceeding under Section 125. Cr. P.C.

2. Heard the learned Counsel for the revisionist.

3. Perused the order impugned.

4. It is true that the order impugned being an interlocutory order no revision petition is maintainable within the meaning of sub - section (2) of Section 397. Cr. P.C. However looking into the peculiar facts and circumstances of the case this revision petition is converted into a petition under Section 482. Cr. P.C. Conversion of this revision into a petition under Section 482. Cr. P.C. becomes necessary in the present case to prevent abuse of the process of the Court and to secure the ends of justice.

5. The respondent - Smt. Gayatri is the petitioner's wife. She filed a petition under Section 125. Cr. P.C. against her husband in the Court of Chief Judicial Magistrate Jalore. On 29-3-1