THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.284 OF 2011 JUDGMENT: This Criminal Revision Case is directed against the order, dated 25.11.2010, passed by the Judicial First Class Magistrate, Amadalavalasa, in M.P.No.2668 of 2010 in C.C.No.136 of 2006, whereby an application filed under Section 311 Cr.P.C. seeking to recall P.Ws.1 to 3 for the purpose of further cross-examination was dismissed. The petitioner herein is facing trial in the said C.C. under the provisions of the Prevention of Food Adulteration Act. In the said case, the prosecution witnesses were examined in chief and the matter was adjourned to 25.10.2010 for the purpose of cross-examination of the prosecution witnesses by the accused. As the advocates were boycotting the Courts, the Court below insisted for cross-examination of P.Ws.2 and 3 and as there was no other go, the petitioner himself cross- examined the said witnesses. However, after boycott of the Courts, an application is filed under Section 311 Cr.P.C., requesting the Court to recall the said witnesses so that the advocate appearing for the petitioner in the trial Court can cross-examine them effectively. As state supra, the said application is dismissed. Heard learned counsel for the petitioner. It is true that cross-examination of the witnesses by an advocate will be more effective than the one made by the accused himself. In those circumstances, the Court below ought to have given the petitioner-accused an opportunity. In fact, the Court below should have seen that when it insisted for the cross-examination of P.Ws.2 and 3, the petitioner did not refuse and cross-examined them with a little knowledge which he had. However, when an application of this nature is filed, the Court below should have been lenient and allowed the petitioner to further cross-examine those witnesses. Accordingly, this Revision is allowed and the impugned order, dated 25.11.2010, passed in M.P.No.2668 of 2010 in C.C.No.136 of 2006 on the file of the Judicial First Class Magistrate, Amadalavalasa, is set aside. The Court below is directed to recall P.Ws.2 and 3 for the purpose of cross- examination by the learned counsel for the petitioner. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 11th February 2011 DR