THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NO.1643 OF 2010 ORDER: 1 This revision is directed against the order dated 10.08.2010 made in Crl.M.P.No.184 of 2010 in S.C.No.269 of 2006 by the learned Assistant Sessions Judge, Piler, Chittoor District whereby the petition filed under seciton 311 of Cr.P.C. by the petitioners was dismissed. 2 Brief facts are that the petitioners are facing trial in the said Sessions Case for the alleged offences punishable under sections 354, 323 and 427 of IPC. During the course of trial, the prosecution examined P.Ws.1 to 6 and they were also cross examined by the petitioners. When the matter is posted for recording of statements of the petitioners under section 313 Cr.P.C, they filed the said application under section 311 of Cr.P.C. stating that some material aspects of the evidence are required to be elicited from the prosecution witnesses by further cross examining them. As stated supra, the said application was dismissed by the trial court by its order dated 10.08.2010 and the same is questioned in this revision. 3 Except stating that no prejudice would be caused to the prosecution the counsel for the petitioner could not state as to why the said witnesses are to be cross examined further. Even in the petition filed by the petitioners also no details are mentioned except stating that some material aspects of the evidence are required to be elicited. These things only prompted the court below to come to the conclusion that the said application does not deserve any consideration, which, in my considered view, is perfectly justified. However, as it is an old case of the year 2006 and the trial was commenced and the witnesses were examined in the year 2010, this court is of the view that one more opportunity may be given to the petitioners to further cross examine the witnesses P.Ws.2, 3, 4 and 6, however, on condition of the petitioners paying costs of Rs.5,000/- (total) to the District Legal Services Authority within a period of one week from the date of receipt of a copy of this order. On ascertaining the fact that the said costs have been paid to the District Legal Services Authority, the trial court may permit the petitioners to cross examine the said witnesses and proceed further in accordance with law. It is made clear that the petitioners shall not apply any tricks to drag on the proceedings. 4 With the above observations this revision is disposed of. _____________ 7th March 2011 Kvsn