THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.9708 OF 2011 ORDER: Challenging the order passed by the learned III Additional Chief Metropolitan Magistrate, Visakhapatnam in Crl.M.P. No. 1796 of 2011 in C.C. No. 515 of 2005, dated 22.7.2011, the petitioner filed the present criminal petition. By the impugned order, the learned Magistrate dismissed the application filed by the petitioner to recall the witnesses by invoking the provisions of Section 311 of Cr.P.C. Admittedly, the witnesses were examined in the year 2010. Subsequently in view of the fact that the petitioner was removed from service, the petitioner could not engage a counsel to file an application to recall the witnesses. The trial Court dismissed the application on the ground that the application was filed at a belated stage. Learned counsel for the petitioner submitted that one more chance should be given to the petitioner to recall the witnesses for the purpose of cross-examination. Considering the facts and circumstances of the case, this Court is of the view that another chance can be given to the petitioner and accordingly, the petitioner is directed to file an application under Section 311 of Cr.P.C. before the trial Court to recall the witnesses. On such application being filed by the petitioner, the learned trial Judge is directed to allow the same and fix a date for examination of the witnesses and on the date so fixed, the petitioner is directed to cross-examine all the witnesses. If the petitioner fails to cross-examine the witnesses on the said date, the learned trial Judge is directed to proceed with the matter and decide the same in accordance with law. The Criminal Petition is accordingly disposed of. ________________________ JUSTICE RAJA ELANGO Dated :12th October, 2011 pnb