A.S. Godara, J. - (1.) Heard learned counsel for the petitioner and so also Public Prosecutor.
(2.) On perusal of the impugned order dated 17.12.1997, though there is much merit in the submission of learned counsel for the petitioner that case is pending since 1979 and the witness ordered to be recalled for examination as ordered by the learned Trial Judge is unjust who was previously examined but in view of the reasons, that have been assigned by the learned Trial Judge, While allowing the prayer of the complainant to which learned Public Prosecutor was also a supporting hand, that in case this order is allowed, to stand, it can hardly be accepted that the same would occasion a failure of justice or it would amount to an abuse of process of law. However, in the aforesaid circumstances, the prosecution cannot be left at liberty to examine, all or recall the witness as and when desired and with a view to delay the matter.
(3.) This petition is disposed of at the admission stage itself with the direction to the Trial Court that only one opportunity have forth after 19.2.1998 shall be given to the prosecution to produce the witness before the Court and in case prosecution fails to do so, no more opportunity shall be given to the prosecution and, thereafter, impugned order shall no longer be deemed to be in operation for the purpose of recalling the witness Jawan Singh.;