(1.) A-5 in C.C.No.31 of 2010 on the file of the learned XI Additional Sessions Judge (CBI Cases) aggrieved by the orders of the said judge passed in Crl.M.P.No.248 of 2016 in directing him to deposit an exorbitant amount as condition to recall PWs.35 and 38 for his cross-examination has filed this petition.
(2.) A-5 and certain others are being prosecuted for certain offences before the said Court. Prosecution produced its witnesses. Recording of prosecution evidence was over. Examination of the accused under Section 313 Cr.P.C. was also over.
(3.) At this juncture, in the Trial Court, A-5 filed Crl.M.P.No.248 of 2016 under Section 311 Cr.P.C to recall Pws 35 and 38, who are retired Government Officials, for their cross-examination. He wants to test their testimony on the altar of cross-examination. It became necessary for him to put up effective defence in this case.