(1.) The petitioners have knocked the door of this Court by preferring this revision petition under Section 397 & 401 of Cr.P.C., 1973 being dis-satisfied with the order dated 12.2.2014 passed by the Special Judge, Bhind in Special Case No.122/2010, whereby application of the petitioners filed under Section 311 of Cr.P.C. for recalling the prosecution witnesses for further cross-examination has been rejected.
(2.) Brief facts giving rise to this petition are that the petitioners are facing trial for the charges under Section 302 and 324 read with Section 34 of IPC before the Special Judge, Bhind. The prosecution has examined the prosecution witnesses. Thereafter, the petitioners have preferred an application under Section 311 of the Code for recalling the prosecution witnesses Anantram and Raghuveer for further cross-examination. The petitioners have preferred Cri. Revision No.269/2013 before this Court challenging the said order, which has been disposed of vide order dated 30.1.2014 with the following observations.:-
(3.) In view of the aforesaid the petitioners have preferred an application under Section 311 of Cr.P.C. for recalling the prosecution witnesses Anantram and Raghuveer on the ground that they have filed their affidavits denying witnessing the incident. The learned trial Court has dismissed the application holding that earlier also the application was made for recalling the witnesses for cross-examination, which was dismissed on considering the merits, no new ground is made out to allow the application. Being aggrieved this revision petition has been preferred.