Hon'ble Mrs. Ranjana Pandya,J.

Heard Sri Viresh Mishra, Senior Advocate, assisted by Sri Ishwar Chandra Tyagi, counsel for the applicant, Sri G.S. Chaturvedi, Senior Advocate, assisted by Sri Vaibhav Kalia and Sri Rameshwar Prasad, counsel for the opposite party no. 2 and learned A.G.A. for the State.

2. The present application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 19.8.2014 passed by the Special Judge, SC/ST ACt, Mainipuri in Sessions Trial No. 245 of 2006, State Vs. Deep Narain and others, under Sections 302/34 I.P.C. Police Station Karhal, District Mainpuri arising out of Case Crime No. 92 of 2004 by which order the learned trial court dismissed the applications 84-B and 89-B moved by the defence with prayer to summon the case diary of Crime No. 90 of 2004 under Sections 307, 504 I.P.C. Police Station Karhal, Mainpuri and with the prayer to give an opportunity to the applicant to adduce defence and to summon certain documents.

3. Brief facts are that an F.I.R. was lodged against the applicant on 18.5.2004 on the allegation that on 18.5.2004 at about 5 a.m., the brother of the complainant Narain Das Dubey and wife of his brother Krishna Dubey were coming back after morning walk followed by the complainant, when they reached near the Sughar Singh Smriti Dwar, four miscreants came on motorcycle armed with weapons, they fired at the brother and bhabhi of the complainant due to which the brother of the complainant and his bhabhi died on spot. The complainant and Rajesh raised hue and cry. On this all the four miscreants including Deep Narain son of Ram Das Chaturvedi, resident of village Latohi, presently residing at Karhal fled away on the motorcycle. Deep Narain was recognized by the complainant and remaining miscreants may be recognized if they come before the complainant. Deep Narain was having inimical terms with the brother of the complainant due to politics. The report was lodged on the same day.

4. After the matter was committed, trial commenced. During trial, a Criminal Misc. Transfer Application No. 756 of 2008 was moved in the High Court and the proceedings were stayed on 22.10.2008 by the High Court. This order was vacated by the High Court on 31.8.2009 after which the trial again commenced and an application was filed on behalf of the applicant with three prayers, i.e., to permit the defence to file copy of the newspaper published on the next date, call for the case diary of Crime No. 90 of 2004 under Section 307, 506 I.P.C. and also to call for the statement recorded in Crime No. 92 of 2004 under Section 302 I.P.C.

5. The learned trial Court on 23.10.2009 partially allowing the said application summoned the case diary relating to Crime No. 90 of 2004 and refused the remaining two prayers. Meanwhile, restoration application was filed, which was allowed by the High Court and the said order dated 31.8.2009 was recalled and again the trial was suspended after 23.10.2009 by High Court. Finally, the transfer application was dismissed for non-prosecution by the High Court on 10.3.2014 after which the trial again commenced.

6. After 10.3.2014, the applicant again moved an application before the lower court on 1.7.2014 for summoning Sub Inspector Sheeshpal and case diary of Crime No. 90 of 2004. This application was filed in fact in pursuance of earlier order dated 23.10.2009. This application was rejected by the trial court, vide order dated 19.8.2014.

7. It was argued by the applicant that this order dated 19.8.2014 resulted in review of earlier order of the trial court which was not permissible in law and the prosecution had wrongly stated before the trial court that the case diary of Crime No. 90 of 2004 P.S. Karhal was not available and was sent to the High Court. The S.T. No. 653 of 2008 (arising out of Case Crime No. 90 of 2004) was concluded on 26.4.2010. The case diary which is sought to be summoned is of utmost importance because witness Rajesh Dubey who claims to b