Learned Counsel for the petitioner is permitted to make cor­rection in the prayer of the writ petition.

The order passed by A.C.J.M., Court No. 8, Bareilly in Criminal Case No. 1384 of 2007 (State v. Hari Om) under section 304-A IPC, P.S. Killa, District-Bareilly and order dated 5.5.2010 passed by the Sessions Judge, Bareilly in Criminal Case No. 189 of 2010 are under challenge in this writ peti­tion.

Heard learned Counsel for the peti­tioner and learned AGA for the State.

2. Since the impugned orders arises out of a police case, there is no need to issue notice to the respondent No. 2. The application under section 311 Cr. P.C. moved by the petitioner for recalling P.W.-1 for cross-examination was rejected by the Magistrate and the revision was also dis­missed.

It appears that 4.9.2009 was fixed for prosecution evidence. On that date, an application for exemption from personal appearance was moved by the petitioner, which was allowed. Examination-in-chief of Ashok Kumar (P.W-1) was recorded. Counsel for petitioner remained absent and therefore, opportunity for cross-examination was closed. Subsequently, an application under section 311 Cr. P.C. was moved by the petiti