Honble SINGH, J.–Heard the learned counsel for the petitioner and the learned Public Prosecutor.

(2). This petition under Section 482 Cr.P.C. is directed against the order dated 5th February, 97 passed by the learned Special Judge, S.C./S.T. (Prevention of Atrocities) Cases, Merta in Sessions Case No. 75/92 State vs. Cheeku Singh @ Shatrudaman Singh. By the aforesaid order dated 5th February, 97 the learned Special Judge directed that Herak Mohammed, in whose presence the dying decla-ration of Shri Jiya Ram was recorded, be summoned for examination under Section 311 Cr.P.C. It was observed by the learned Special Judge that it was in the interest of justice to summon Shri Herak Mohammed.

(3). The learned counsel for the petitioner has submitted that in this case the prosecution had closed its evidence. The accused petitioner had been examinedunder Section 311 Cr.P.C. and the case was listed for final arguments and it was not necessary in the interest of justice to call the witness Herak Mohammed and the impugned order passed by the learned Special Judge is not justified in law, because, it is tentamounting to filling of the lacunas left by the prosecution.

(4). The learned Public Prose

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