1 IN THE HGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. CRIMINAL MISC. PETITION NO.998/2010 (Fakir Mohammed Vs. State of Raj. & Ors.) Date of Order : August 4th, 2010 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Usman Gani, for the petitioner. In this misc. petition filed under Section 482 Cr.P.C., the petitioner is challenging the order dated 17.04.2010 passed by Judicial Magistrate, First Class, Sojat, Pali in regular criminal case No.394/2009 whereby the applications filed by the petitioner under Section 311 and 254 (2) Cr.P.C. was rejected so also the order dated 11.6.2010 passed by Addl. Sessions Judge, Sojat, District Pali passed in Criminal Revision No.11/2010 whereby the learned revisional Court dismissed the revision petition and affirmed the order dated 17.4.2010 whereby the prayer of the petitioner upon application under Section 311 and 254 (2) of Cr.P.C. was rejected. Learned counsel for the petitioner submits that for summoning certain documents an application was filed by the petitioner under Section 254 (2) Cr.P.C. on the ground that those documents were necessary for proper adjudication of the case 2 and simultaneously an application under Section 311 Cr.P.C. was filed for recalling the complainant for cross examination for seeking clarification with regard to documents of maintaining accounts. However, learned trial Court did not consider the prayer for summoning the documents on the ground that those documents are public documents and petitioner can make his own efforts and he has not shown what efforts have been made by him to obtain those documents. Upon consideration of the grounds taking in the petition, I am of the opinion that no illegality has been committed by both the Courts below while passing the impugned orders. More so, both the Courts below have considered all he aspect of the matter and rightly arrived at with the finding that the applications filed by the petitioner under Sections 311 and 254 (2) Cr.P.C. are abuse of process of the Court and dismissed the same with cost. In this view of the matter, I see no reason to interfere with the orders impugned passed by Courts below while exercising power under Section 482 Cr.P.C. Accordingly, this misc. petition is dismissed. (GOPAL KRISHAN VYAS), J arun