JUDGMENT 1. - Learned Public Prosecutor is directed to accept notice. He accepts. 2. Heard at the stage of admission. 3. On 26.9.1997, Amar Singh appeared, as prosecution witness before learned Special Judge, Anti Corruption Cases, Jodhpur. On that date he could not be cross-ex-amined because some reference took place in the High Court and the work was suspended thereafter. The witness appeared on 21.11.1997 and he was cross-examined at length on behalf of Dashrath Singh but could not be cross-examined on behalf of Mohd. Yusuf and Kishan Singh because their counsel was not present on 6.12.1997. The petition was moved before the learned Special Judge along with affidavit of advocate Shri I.R. Choudhary in which it was requested that the witness may be allowed to be cross-examined. The learned Special Judge did not allow their prayer. Hence the petitioners have knocked the door of this Court and have prayed that witness be recalled and they may be allowed to cross-examine him. 4. A witness can be resummoned for cross-examination under section 311 Cr.P.C. if his evidence appears to the Court to be essential to the just decision of the case. Learned Special Judge has not given any reason as to why he did not find the cross-examination of the witness essential to the just decision of the case. 5. In S.B. Cr. Misc. Petition No. 364/96, Jag Ram v. State of Raj., decided on 26.5.1997 I have taken a view that the accused should not suffer because of fault of his counsel. I had allowed the witness to be cross-examined in such a case where the counsel had not cross-examined the witness for reasons best known to him. 6. PW 11 is the Investigating Officer and is an important witness. His cross-examination on behalf of the accused persons is essential for the just decision of the case as the accused persons have to put their defence to him in this case under Prevention of Corruption Act and test his veracity as well as to know the loopholes he left in investigation. Therefore, the order of the learned Special Judge cannot be upheld. The order of non-recalling the witness of cross-examination is set aside. The learned Special Judge is directed to recall Amar Singh (PW 11) and give full opportunity of cross-examination to the petitioners.The Revision Petition is allowed accordingly.Revision allowed. *******