THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.10542 of 2011 ORDER: Petitioners approach this Court by invoking the provisions under Section 482 Cr.P.C. challenging the order in Crl.M.P.No.5582 of 2011 in C.C.No.476 of 2008 on the file of the Special Judicial First Class Magistrate for Prohibition and Excise, Guntur, whereby the learned Magistrate dismissed the application filed by the petitioners invoking the provision under Section 311 Cr.P.C. to recall P.W.1. Heard. The learned trial Judge dismissed the application on the ground that already P.W.1 was examined in length and also cross- examination was conducted by the earlier counsel. The engagement of a new counsel cannot be a ground to invoke the provision under Section 311 Cr.P.C. This Court perused the records and heard the arguments. On perusal of the records, this court is of the view that there is nothing wrong in the order passed by the learned Magistrate. The learned Magistrate has given reasons for dismissal of the same. In any event, taking into consideration this court is of the view one more opportunity can be given to the petitioners to cross-examine P.W.1. Accordingly, the petitioners are directed to file a fresh application before the trial Court and on such filing, the learned Magistrate is directed to fix a particular date and on that date the petitioners are directed to cross-examine the witness. If the petitioners failed to do so, the learned Magistrate is at liberty to proceed further with the case. With the above observation, the Criminal Petition is disposed of. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. ______________________ JUSTICE RAJA ELANGO 2nd November 2011, Rns.