on 21st January 2021. On 2nd February 2021, the impugned order was passed, by which, the learned Additional Sessions Judge issued summons to Sujata Sutar and panch Nayna Rishikesh Patil and the Investigating Officer/ D.C.P, ACB, Pune was directed to provide appropriate instruments for playing of memory card in the Court, with speakers. A perusal of the impugned order shows that the learned Judge whilst perusing the evidence, noticed that the memory card which allegedly contained the conversation between the complainant and the accused before and at the time of the trap, was not placed on record/verified during trial. The Court, on its own, took recourse to Section 311 Cr.P.C and passed the impugned order stating therein that since the memory card seized in the case was essential evidence, it was necessary to recall the witnesses for proving the said memory card. It is not in dispute that recording of evidence was over and so were the arguments advanced by the prosecution as well as the petitioner’s advocate. As noted earlier, even written arguments were placed on record by the petitioner’s advocate which document is also annexed as Exhibit `C’ to the petition. In point No. 6 at page 66 (written notes of arguments), specific defence has been taken. The relevant portion of point No. 6 reads as under :
