JUDGMENT :

Manoj Kumar Garg, J.

1. The present criminal misc. Petitions under Section 482 of Code of Criminal Procedure has been filed by the Petitioners Manish and Smt. Neelam respectively against the order dated 03.01.2019 passed by learned Additional District Judge No. 4, Udaipur in Criminal Case No. 42/2017 by which the application filed by the accused under Section 311 Cr.P.C. was allowed and summoned witnesses P.W. 2 Manoj Paliwal and P.W. 3 Manish Prajapat for re-examination.

2. Counsel for the petitioner submits that both the witnesses have already been examined and accused got ample opportunity to cross-examine the above witnesses and now at this belated stage, the accused filed application under Section 311 Cr.P.C. The accused has filed the application only to delay the proceedings but the trial court erroneously allowed the application filed by the accused without assigning any cogent reasons.

3. Learned Public Prosecutor and learned counsel for the respondent opposed the prayer made by the petitioner.

4. I have perused the impugned order and heard rival contention of the parties.

5. It is not disputed that evidence of witnesses P.W. 2 Manoj Paliwal and P.W. 3 Manish Prajapat