JUDGMENT : ANIL KUMAR CHOUDHARY, J. 1. Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to quash and set aside the order dated 22.05.2024 passed by learned Judicial Magistrate-1st Class, Dhanbad in C.P. Case No.215 of 2013 whereby and whereunder the petition dated 07.07.2023 filed under Section 311 of Cr.P.C. on behalf of the petitioner for recalling of the opposite party no.2/complainant- who was examine as CW-1, for further examination, was rejected by the learned Judicial Magistrate-1st Class, Dhanbad. 3. The brief fact of the case is that the examination in chief in shape of affidavit of CW-1 was filed on 20.09.2017 and after full cross-examination, he was discharged on 29.11.2017. Thereafter, vide order dated 18.12.2019, the complainant filed certain documents on the ground that the same has been prayed by the petitioner vide its petition under Section 91 of Cr.P.C. and which petitioner was allowed by the said order dated 18.12.2019. It is the case of the petitioner / accused person of the said case that the documents are concocted and fabricated , hence, it was necessary to cross- examine the CW-1 in respect of those documents. Therefore, the petitioner filed the petition for recalling the CW-1 for his further cross-examination in respect of the documents filed by him after his cross-examination and he was discharged as the witness. But the same was rejected by the learned Judicial Magistrate-1st Class, Dhanbad on the ground that the accused petitioner has not mentioned the details of the documents specifically in respect of which he wants cross-examination of the CW-1, hence, rejected the said petition. 4. Learned counsel for the petitioner submits that the learned Judicial Magistrate-1st Class, Dhanbad failed to take into consideration the fact that the petitioner has specifically mentioned to cross-examine the CW-1 only in respect of the documents which has been filed in compliance of the order dated 18.12.2019, hence, the learned court below has committed a grave illegality by holding that the petitioner has not specifically mentioned the documents in respect of which further cross-examination of opposite party no.2/complainant is required. It is lastly submitted that the prayer as prayed for by the petitioner in this Cr.M.P., be allowed. 5. It is lastly submitted that the prayer as prayed for by the petitioner in this Cr.M.P., be allowed. 5. Learned Addl.P.P. appearing for the State and the learned counsel for the opposite party No.2 on the other hand vehemently oppose the prayer of the petitioner made in the instant Cr.M.P. 6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, this Court is of the considered view that the undisputed facts remains that the CW-1 was discharged after cross-examination on 29.11.2017 and the undisputed fact also remains that the complainant/opposite party no.2 has filed certain documents in terms of the order dated 18.12.2019 and the plea of the petitioner is that those documents are forged and fabricated documents, hence, the petitioner intends to further cross-examine the CW-1 in respect of those documents only. 7. Under such undisputed facts, this Court is of the considered view that the learned Judicial Magistrate-1st Class, Dhanbad has committed a grave illegality by observing that the documents in respect of which the petitioner intends to further cross-examine the CW-1 is vague. 8. In view of the discussions made above, this Court has no hesitation in holding that the order dated 22.05.2024 passed by learned Judicial Magistrate-1st Class, Dhanbad in C.P. Case No.215 of 2013 is not sustainable in law. Accordingly, the same is quashed and set aside. 9. The petition dated 07.07.2023 filed by the accused person is allowed. 10. The learned Judicial Magistrate-1st Class is directed to pass necessary orders to recall the CW-1 for his further cross-examination by the petitioner herein, in respect of all such documents which have been filed in terms of the order dated 18.12.2019 by the complainant. 11. In the result, this Cr.M.P., stands allowed to the aforesaid extent. 12. In view of disposal of the instant Cr.M.P., the interim relief granted vide order dated 09.08.2024, is vacated.