ANILKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners - accused No.1 and 2 under Sec. 482 of Cr.P.C. for quashing the impugned order dtd. 11/12/2023 in CC No.1804/2016 by the III Addl. Chief Metropolitan Magistrate, Bengaluru for having rejected the application filed under Sec. 311 Cr.P.C. to recall PW1 and 2 for the purpose of further cross-examination.

(2.) Heard the learned counsel for petitioners and learned HCGP for respondent - State.

(3.) The case of the petitioners is that they are facing trial for the offences punishable under Ss. 409 r/w Sec. 34 of IPC for criminal breach of trust. The petitioners submit that matter is at fag of the trial and it is posted to record statement of accused under Sec. 313 of Cr.P.C. It is the case of the petitioners that they have filed an application under Sec. 311 Cr.P.C. to recall PW1 and 2 for the purpose of further cross-examination, which came to be rejected. Hence, they are before this Court.