1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R Mam Chand Versus State of Rajasthan S.B.CRIMINAL MISC. PETITION NO. 1619/2007 ..... Date of Order : 19/02/2008 PRESENT HON'BLE MR. JUSTICE H.R.PANWAR Mr. H.S.Shrimali for the petitioner Mr. Narendra Moolchandani, P.P. BY THE COURT:- By the instant criminal misc. petition under Section 482 Cr.P.C., the petitioner has challenged the order dated 4.7.2006 passed by Additional Chief Judicial Magistrate No.3, Bikaner (for short 'the trial court' hereinafter) reviewing its earlier order dated 24.4.2001. Heard learned counsel for the parties. Perused the order dated 24.4.2001 as also the order impugned dated 4.7.2006. It appears that by order dated 24.4.2001, on the application of the accused petitioner, the trial court directed to 2 summon the record from the Housing Board. However, during the pendency of the case, on Presiding Officer being changed, the new Presiding Officer reviewed its earlier order summoning the documents from the Housing Board and stated that there is no need to summon the documents. There is no provision under the Criminal Procedure Code either to review or recall the order. Keeping in view the decisions of Hon'ble Supreme Court in Adalat Prasad Vs. Rooplal Jindal and Ors., JT 2004 (7) SC, 243 and in Subramanim Sethuraman Vs. State of Maharashtra and Anr., 2004 CRI.L.J. 4609, in my view, the order impugned cannot sustain and is liable to be set aside. The criminal misc. petition is therefore, allowed. The order impugned dated 4.7.2006 passed by the trial court is set aside and the trial court may proceed with the trial of the case including summoning the record from the Housing Board as directed vide order dated 24.4.2001. (H.R.PANWAR),J. rp