Hon'ble MEHTA, J.—The instant miscellaneous petition has been filed by the petitioner challenging the order dated 29.11.2010 passed by the Additional Sessions Judge (Fast Track) No.1, Jodhpur in Sessions Case No.52/2008, whereby an application filed by the prosecution under Section 311 Cr.P.C. has been accepted.

2. The facts giving rise to the instant petition are that the petitioner is facing trial in the Court of the Additional Sessions Judge (Fast Track) No.1, Jodhpur for the offences under Sections 306 and 498-A, IPC. After framing of the charges, the prosecution initiated its evidence and the examination-in-chief of witnesses PW-1 Jagdish Chandra, PW-2 Tara Devi and PW-4 Devi Lal, who are said to be material witnesses of the prosecution, were recorded. The examination-in-chief of PW-1 Jagdish Chandra was recorded on 29.9.2008 and the examination-in-chief of witnesses PW-2 Tara Devi and PW-4 Devi Lal was recorded on 18.10.2008 and their cross-examination was kept reserved. It appears that thereafter the trial proceeded further and the statements of other witnesses continued to be recorded but some how or other, three witnesses referred above were not called back for cross-examin

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