IN THE HIGH COURT OF JUDICTURE FOR RAJASTHAN AT JODHPUR. O R D E R Homchand & Anr. Versus State of Rajasthan. S.B. Criminal Misc. Petition No. 1303/2007 ... Date of Order: : 20/09/2007 PRESENT HON'BLE MR. JUSTICE H.R. PANWAR Mr. Rahul Bathi, for the petitioners. Mr. Ashok Upadhyaya, Public Prosecutor for the State. BY THE COURT: By the instant criminal miscellaneous petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, “the Code” hereinafter), the petitioners have challenged the order dated 4.8.2007 passed by learned Additional Sessions Judge (SC/ST) Act Cases, Pratapgarh (for short 'the revisional court' hereinafter) in Criminal Revision No. 96/06 whereby the revision petition filed by the petitioners against the order dated 20.11.2006 passed by Judicial Magistrate, Pratapgarh (for short -2- 'the trial court' hereinafter) in Criminal Case No. 316/2001 was dismissed. I have heard learned counsel for the parties. Carefully gone through the orders impugned. In my view, both the courts below have concurrently found that recalling or re-summoning the witnesses after the change of the charge is not necessary and the prayer made by the petitioners is only for the purpose of delaying the case and for defeating the ends of justice. The petitioners have already availed remedy of revision as envisaged under Section 397 of the Code and in the garb of a petition under Section 482 of the Code, the petitioners seek to avail second revision which is otherwise barred by law. It cannot be said that the orders impugned would result in serious miscarriage of justice or abuse of process of any Court. Both the petitioners have already cross- examined the complainant's witnesses when produced by the complainant and the petitioner No.2 herself appeared in defence as DW-2 knowing well the charge against the petitioners. In the circumstances, therefore, no case for interference is made out. The criminal misc. petition is therefore, dismissed. (H.R. PANWAR), J. rp S.B. Cr. Misc. Stay Petition No. 672/2007 In S.B.Cr. Misc. Petition No. 1303/2007 (Homchand and Anr. Vs. State of Rajasthan) Date of Order : 20/09/2007 PRESENT HON'BLE MR. JUSTICE H.R. PANWAR Mr. Rahul Bathi, for the petitioners. Mr. Ashok Upadhyaya, Public Prosecutor for the State. Since the main criminal misc. petition has been dismissed, the stay petition also stands dismissed. (H.R.PANWAR),J. rp.