THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL REVISION CASE NO.860 OF 2010 ORDER: This criminal revision case is filed under Sections 397 and 401 Cr.P.C. by the petitioner aggrieved by the orders dated 20.04.2010 in Crl.M.P.No.1391 of 2010 in C.C.No.82 of 2004 on the file of the II Additional Judicial Magistrate of First Class, Bhimavaram, where under the learned Magistrate allowed the petition filed under Section 311 Cr.P.C for recalling the investigating officer. 2. Heard. 3. Even as per the learned counsel for the petitioner, the Investigating Officer was never examined. Such being the case, there is nothing wrong in allowing the prosecution to examine the Investigating Officer, in the absence of which there is possibility of entire prosecution case is being thrown out for that lacuna. 4. I see no merits in this revision and the same is accordingly dismissed. However, in case the prosecution wants to introduce any new documents, they should file a separate petition with regard to those documents and an order has to be passed on merits with regard to the marking of those documents. ___________________ P. SWAROOP REDDY, J. 26th April 2010, Rns.