1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. Criminal Misc. Petition No.805/2000 Mahaveer Prasad vs. State of Raj. & Anr. Date of Order ::::: February 12,2009 Present HON'BLE MR.JUSTICE BHANWAROO KHAN None present for the petitioner Mr. Laxman Meena, P.P. A complaint for commission of offence under Sections 323 and 325 IPC was lodged by Raghuveer Prasad wherein the injured happens to be the petitioner. The police after investigation submitted challan in the concerned court. After framing of charges the trial proceeded and the case was fixed for final arguments but the petitioner submitted an application under Section 311 Cr.P.C. through the A.P.P. for production of doctor who opined about fracture. The trial Magistrate vide order dated 6.9.2000 rejected the application against which order the petitioner has filed the instant misc. petition under Section 482 Cr.P.C. 2 None present for the petitioner. However, the impugned order as well as the record of the case was perused. The facts go to show that on 1.7.2000 the case was fixed before the trial Magistrate for final arguments and the application under Section 311 Cr.P.C. for production of additional evidence was filed on 19.8.2000. A perusal of the record reveals that the injury certificate about the fracture had already been exhibited as Ex.P/6 and Dr. Amar Singh PW.6 has proved the certificate and on the said certificate opinion has been given. Therefore, while relying on this document the trial Magistrate has observed that from very inception this fact was in the knowledge of the prosecution that Dr. T.B. Mathur was a witness in the case but no application was moved just after recording prosecution evidence and at the stage of final arguments the application was submitted and observing so, the trial Magistrate has rejected the application of the petitioner. Having regard to the facts and circumstances of the case I am of the view that no interference is required to be called for in the impugned order by this Court while exercising the inherent 3 jurisdiction under Section 482 Cr.P.C. Consequently, the misc. petition stands dismissed. The stay order so passed by this Court on 13.11.2000, stands vacated. Office is directed to return the record of the case immediately to the concerned trial court. (Bhanwaroo Khan),J. bairwa