1. - By way of instant misc. petition filed under Section 482 Cr.P.C. the petitioner challenges that part of the order dated 2.8.2004 passed by Additional Sessions Judge (Fast Track) no. 1, Jaipur City, Jaipur in sessions case no. 312004 whereby the application dated 31.7.2004 under Section 91 Cr.PC. and the application dated 2.8.2004 under Sections 91 and 311 Cr.P.C. filed by him have been dismissed.

2. Brief facts giving rise to this misc. petition are that Ram Prakash PW. 4 lodged a report at about 3.30 p.m. on 19.9.2003 at the Vidhayakpuri police station, Jaipur City stating therein that he was working at the reception counter of Hotel Kalyan. On 18.9.2003 at about 11.00 a.m. two persons came at the hotel and introduced themselves as husband and wife. Room No. 104 was allotted to them and entry in the register was made in the name of Harpal Singh. They took tea and lunch and thereafter went out in the evening. They returned at about 7.30 p.m. and went to sleep. Next day at about 11 a.m. they had breakfast. Thereafter at about 2.00 p.m. Harpal Singh came out of the room an asked Surendra Singh PW. 12 for auto-rickshaw. Surendra Singh PW. 12 went out for hiring an auto-ri