1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. Criminal Misc. Petition No. 610/09 Smt. Prem Kanwar Vs. State of Rajasthan Date of order : 13/04/2009 HON'BLE MR.H.R.PANWAR,J. Mr. Sandeep Mehta for the petitioner. Mr. N.A.Rajpurohit for the complainant. By the instant criminal misc. petition under Section 482 Cr.P.C., the order dated 16.3.2009 passed by Additional Sessions Judge (Fast Track) No.2, Pali (for short 'the trial court' hereinafter) has been challenged. It is contended by learned counsel for the petitioner that the place from where the witnesses could see the occurrence was not possible to be seen by such witnesses and therefore, the accused requested the trial court for local inspection under Section 310 Cr.P.C. Section 310 (1) Cr.P.C. provides that any judge or Magistrate may, at any stage of any inquiry, trial or other proceedings, after due notice to the parties, visit and inspect any place in which an offence is alleged to have been committed, or 2 any other place which it is in his opinion necessary to view for the purpose of properly appreciating the evidence given at such inquiry or trial, and shall without unnecessary delay record a memorandum of any relevant facts observed at such inspection. From the bare reading of Section 310 (1) Cr.P.C. it is clear that it is the opinion of the Magistrate if necessary to inspect the site and not. In the instant case, the Magistrate did not opine necessary to view the site for the purpose of properly appreciating the evidence and therefore, in my view, the trial court was justified in passing the order impugned. It cannot be said that the order impugned would result in manifest injustice or abuse of the process of the Court. The criminal misc. petition is therefore, dismissed. (H.R.PANWAR), J. rp 3 S.B.Cr. Misc. Stay Petition No. 862/09 In S.B.Cr. Misc. Petition No. 610/09 Date of Order : 13/04/2009 HON'BLE MR. JUSTICE H.R.PANWAR Mr. Sandeep Mehta for the petitioner. Mr. N.A.Rajpurohit for the complainant. Since the criminal misc. petition itself has been dismissed, the stay petition also stands dismissed. (H.R.PANWAR), J. rp