RAMESHA N. Vs. STATE

JUDGEMENT

(1.) This petition is filed by petitioner-accused under Sec. 482 of Cr.P.C. seeking to quash the order dtd. 6/2/2023 passed in S.C.No.15026/2018 by the V Additional District Judge, Bengaluru Rural District, Devanahalli, wherein the Court below has rejected the application filed under Sec. 311 of Cr.P.C. for recalling some of the P.Ws. to cross examine them.

(2.) Heard learned counsel appearing for the petitioner and learned High Court Government Pleader for respondent.

(3.) The case of petitioner is that the petitioner is facing trial before the trial Court for the offence punishable under sec. 302 of IPC and for the other offences. The prosecution examined few witnesses. Some of the witnesses were cross- examined by the learned counsel for the petitioner-accused and some were not cross examined. Therefore, an application was filed for recalling the witnesses for cross examination and it came to be allowed by the trial Court by imposing cost. Later, the petitioner failed to cross examine the said witnesses and also not paid the cost. Subsequently, one more application was filed for recalling some of the witnesses for cross examination, which came to be rejected. Therefore, the petitioner has challenged the aforesaid order.