Rekha Kumari, J.

1. This is an application filed u/s. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for quashing the order dated 31.7.2002 passed by Sri. V.K. Singh, J.M. 1st Class, Saharsa in Complaint Case No. 676-C of 1994 by which he has recalled the complainant-Opposite Party No. 2 for his cross examination.

2. Heard.

3. Learned Counsel for the petitioner submitted that Complaint Case No. 676-C of 1994 was fixed for judgment, but the trial court did not deliver the judgment and recalled the complainant of the case, namely, Ram Nath Sah for his further cross examination. Learned Counsel also submitted that the complainant was given ample opportunity to adduce his evidence, even then he did not complete his evidence. Hence, adjournment of the judgment and recall of the complainant for further cross examination is bad in the eye of law. The provisions of Section 311 of the Code is not meant for filling up the lacuna of the prosecution. Therefore, the said order is fit to be quashed.

4. Learned Counsel for Opposite Party No. 2 Mr. R.K. Singh, submitted that he is not Advocate on record but he belongs to the same office. He objected to th