JUDGMENT 1. - This revision petition is directed against the order dated 20th February, 1996, passed by the Addl. Sessions Judge, Khetri in Sessions Case No. 40/1993, whereby he refused to grant further time to produce Dr. Nathani of SMS Hospital, Jaipur who had conducted operation on the deceased regarding whom the case was lodged by the prosecution. The learned Addl. Sessions Judge, although, had granted adjournment on two occasions for producing the concerned Doctor (Dr. Nathani) the prosecution was unable to produce him on 20th February, 1996, on which date the evidence was closed and, thus further time for summoning of prosecution witnesses came to an end. The said order has been challenged in this Court in this revision petition. 2. It has been submitted by Shri Mukesh Kumar, learned counsel for the petitioner, that although he had filed an application vide Annx.5 to this revision petition, that Dr. Nathani whould be available after 3.3.1996 as he was on deputation at Bombay, still the learned Addl. Sessions Judge refused to accommodate the prosecution for summoning the material witness in the sessions case. 3. Learned Pubic Prosecutor has also been heard in this regard. He has submitted that adjournment was imperative for producing the Doctor in the case and, if the Addl. Sessions Judge refused to grant further time, it would be beyond the powers of the prosecution to produce the Doctor. 4. Having heard the learned counsel for the parties, as also after perusing the impugned order dated 20th February, 1996, I see no reason why the cause of justice should be allowed to be frustrated in spite of the information having been furnished by the informant that the concerned Doctor (Dr. Nathani) would be available only after 3.3.1996. It may be added herein that mere prosecution of the trial and speedy trial without an attempt to arrive at the truth will serve no purpose, because, prima facie, it can surely be gathered that the Doctor who conducted e operation on the deceased would necessarily be a material witness in support of the prosecution case. I, therefore, feel that it has not been a sound exercise of discretion by the Addl. I, therefore, feel that it has not been a sound exercise of discretion by the Addl. Sessions Judge in refusing to grant even one further adjournment in spite of material information that the Doctor was to return from the deputation only after more than a forthnight.I, therefore, consider it proper in the interest of justice to set aside the order dated 20.2.1996, by which the evidence for the prosecution had been ordered to be closed. The Addl. Sessions Judge, accordingly, is directed to issue a fresh summon to Dr. Nathani, SMS Hospital, Jaipur fixing a date for his appearance in the Sessions Case and proceed according to law.This criminal revision petition is accordingly allowed with the aforesaid direction. *******