A.C. Goyal, J. - (1.) This is a petition under Section 482 Cr.PC. against the order dated 6.1.2001 of Judicial Magistrate Rajakhera, District Dholpur, whereby the application filed on behalf of the accused petitioners to summon the case file of FIR in this case was dismissed. I have heard learned counsel for the parties and learned RP. According to the order of the Magistrate cognizance was taken upon the complaint and the case is fixed for pre charge evidence and in view of these facts the prayer of the accused to call for the record relating to FIR and FR submitted later on may be necessary for cross - examination of the witnesses and simply not mentioning the relevant provisions of law is no ground to reject the application. Therefore, it was necessary to secure the ends of justice to allow this application.
(2.) Hence, this petition is allowed. The impugned order dated 6.1.2001 is set - aside and the learned Magistrate is directed to call for the record required by the accused petitioners. Petition Allowed.;