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2020 Supreme(Raj) 177

VIJAY BISHNOI
Siya Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
S.D. Purohit, Advocate, Aneesh Bhurat, Advocate

JUDGMENT

Vijay Bishnoi, J. - This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the order dated 20.08.2019 passed by the Additional Sessions Judge No.2, Nagaur (hereinafter to be referred as the 'trial court) in Sessions Case No.73/2015 (128/2014)(43/2012), whereby the application filed on behalf of the petitioner under Section 311 CrP.C. with a prayer for recalling the Investigating Officer PW32-Babu Lal has been rejected.

2. The trial court is of the opinion that counsel for the petitioner was granted full opportunity to cross-examine PW-32 Babu Lal and he was cross-examined at length. It is also observed that reasons given by the petitioner to justify his prayer for recalling PW-32 Babu Lal is not tenable as the petitioner only wants to fill up lacuna in the case of defence. The trial court while exercising its discretion has given a finding that recalling of PW-32 Babu Lal is not desirable for arriving at a just decision of the case and as such prayer of the petitioner of recalling PW-32 Babu Lal cannot be accepted.

3. Learned counsel for the petitioner has submitted that the petitioner has set out a specific case that on

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