HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8562 of 2010 ORDER: This criminal petition is filed by the petitioner-accused No.1, under Section 482 Cr.P.C., seeking a direction to the I Addl. Sessions Judge, Krishna at Machilipatnam to recall P.Ws.1,2 and 6 to 13 and permit him to cross-examine them in S.C.No.127 of 2007. Facts of the case are that the petitioner herein filed Crl.M.P.No.177 of 2010 in S.C.No.127 of 2007 on the file of the I Addl. Sessions Judge, Krishna at Machilipatnam, under Section 311 Cr.P.C., with a prayer to recall P.Ws.1, 2 and 6 to 13 stating that the said witnesses were not elaborately cross-examined by his earlier advocate with regard to the incident and their presence at the scene of offence was not attacked properly. The learned Sessions Judge dismissed the said petition by an order dated 02.08.2010 holding that there are no valid reasons for recalling of the said witnesses. After arguing for some time, learned counsel for the petitioner submitted that the petitioner has confined his request only to cross- examine P.Ws.1, 2 and 10. He further submitted that a fair opportunity may be given to the petitioner as the offence under Section 302 IPC is punishable with death or imprisonment for life. Considering the submissions of the learned counsel, this Court is of the view that no prejudice would be caused to the prosecution, if such a chance is given to the petitioner herein. Accordingly, the petitioner-accused No.1 is directed to file a petition before the trial Court, under Section 311 Cr.P.C, with a prayer to recall P.Ws.1, 2 and 10 for further cross-examination, and the learned Sessions Judge is directed to allow the petition on imposition of costs payable by the petitioner to the witnesses. The criminal petition is accordingly disposed of. _____________ RAJA ELANGO, J 2nd September, 2010. CBS HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No.8519 of 2010 (Disposed of) 2nd September, 2010 CBS