Pankaj Bhandari, J.

Petitioner has preferred this revision petition aggrieved by order dated 12.05.2017 passed by Additional District and Sessions Judge No. 2, Nagaur, whereby the Court below has allowed the application filed by respondent No. 2 under Section 311 Cr.P.C., 1973 and has recalled Smt. Baudi for re-examining.

2. It is contended by counsel for the petitioner that the witness cannot be recalled for filling in the lacuna in the prosecution case, Smt. Baudi has given the statement before the Court below and the allegations in the affidavit that her statement was not recorded correctly cannot be taken note of as she is acting as a tool in the hands of the complainant and this is the complainant who has moved the application under Section 311 Cr.P.C., 1973

3. It is also contended that merely because the witness has not been declared hostile and has not been confronted with the statement recorded under Section 161 Cr.P.C., 1973 would not give rise pose for re-summoning the witness.

4. Counsel for the petitioner has placed reliance on "Rajaram Prasad Yadav v. State of Bihar & Anr. In SLP (Crl.) No. 2400/2011 decided by the Apex Court," wherein the Apex Court has held that t