Banwari Lal Sharma, J. - (1.) Petitioners Lokesh Kumar, Tulsi Ram and Smt. Durga Devi have preferred this misc. petition u/S. 482 Cr.P.C. with prayer to quash and set the impugned order dated 09.06.2015 (Annexure-6) and allow the application filed by the petitioners on 02.07.2014 (Annexure-4) and the trial court may be directed to issue summon to PW-1 Sunita for her cross-examination.
(2.) The brief facts of the case are that a trial for offence u/Ss. 498A and 406 IPC is pending against the petitioners before the learned Chief Judicial Magistrate, Sikar since 2011 wherein on 07.11.2012 PW-1 Sunita complainant victim was examined during trial. After recording examination-in-chief of this witness, opportunity of cross examination was given to the petitioners accused and their counsel which was refused by the petitioners stating that they have filed revision petition in the matter, therefore, cross examination was closed on the same day i.e. 07.11.2012. Thereafter on 2.7.2014 petitioners moved an application u/S. 311 Cr.P.C. before the learned trial court and prayed for recalling PW-1 Sunita for cross examination which was dismissed by the impugned order dated 09.06.2015 by the learned trial court.
(3.) Aggrieved by the said order, petitioners moved this misc. petition.;