THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2481 of 2011 ORDER: Petitioner-Accused approached this Court invoking the provisions under Sections 397 and 401 of Cr.P.C. with a prayer to set aside the order dated 08.11.2011 in Crl.M.P.No.2726 of 2011 in C.C.No.676 of 2006 on the file of the III Additional Chief Metropolitan Magistrate, Gajuwaka, whereby the learned Magistrate dismissed the petition filed by the petitioner under Section 311 Cr.P.C. Heard. The trial Judge dismissed the application mainly on the ground that already P.W.1 was cross-examined. The change of counsel is not a ground to allow the petitioner to cross-examine P.W.1 further. This Court is of the view that the order passed by the learned Magistrate is not erroneous in law. Hence, this Court is not inclined to interfere with the order. But, at the same time taking into consideration the nature of offence, an opportunity can be given to the petitioner to cross-examine P.W.1 further on payment of costs. Accordingly, the petitioner is directed to file an application before the court below seeking to recall P.W.1 on payment of costs of Rs.1,500/- to P.W.1. On such filing, the learned Magistrate is directed to allow the same and to fix a date for cross-examining the witness. On the date fixed by the learned Magistrate, the petitioner is directed to cross-examine the witness. If he failed to do so, the learned Magistrate is at liberty to proceed in accordance with law. With the above observation, the criminal revision case is disposed of. Miscellaneous petitions filed along with the Criminal drevision case, if any, shall stand closed. _____________________ JUSTICE RAJA ELANGO 19th December 2011 Rns