ORDER

1. By way of present petition, the petitioner has challenged the order dated 29.09.2021, passed by learned Chief Judicial Magistrate, Chittorgarh (hereinafter referred to as 'the trial Court'), whereby petitioner's application under Section 311 of the Code of Criminal Procedure has been rejected.

2. Narrating in brief, the facts relevant are that the petitioner is being tried for the offences under Sections 332 and 353 and 426 of the Indian Penal Code. During the course of trial, one witness, namely, Bhanwarlal (PW-3) appeared in the witness-box on 20.04.2018 and his statements in chief were recorded. Whereafter, his cross-examination was done on 03.06.2019, on which date Mr. Jagdish Vyas, learned counsel cross-examined the witness.

3. After some time, petitioner's counsel (Mr. Yogesh Sharma) realized that the main questions, which ought to have been put to the witness, could not be posed and the cross-examination was done only in relation to the examination-in-chief of the said witness, and other relevant questions in relation to the documents could not be posed.

4. Realising such lapse, an application dated 26.08.2019 was moved by the petitioner under Section 311 of the Code, v