THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL REVISION CASE Nos.811; 593 & 557 OF 2011 DATED:12.07.2011 COMMON ORDER: These three Criminal Revision Cases arise out of the common order, dated 21.02.2011, in Crl.M.P.Nos.281; 265 and 114 of 2011 in C.C.No.15 of 2000 on the file of the learned Special Judge for CBI Cases, Hyderabad, wherein the said applications filed by the petitioners herein under Section 311 Cr.P.C., seeking recall of P.Ws.98 and 99 for cross-examination, were dismissed. 2. Heard learned counsel for the petitioners and the learned standing counsel for CBI. Perused the records. 3. Petitioners herein along with others are facing prosecution for the offences under Sections 403; 406; 408; 420; 468; 471; 477 r/w 120-B IPC and Sections 13 (2) r/w 13(1) (d) of the Prevention of Corruption Act, 1988. As seen from the impugned order of the trial Court, some of the accused have not been represented and even those who are represented have been trying to take time for cross-examination of the witnesses and ultimately recording of the evidence was completed with the examination of P.W.99 in May, 2010. The examination of the accused under Section 313 Cr.P.C., was also completed. Thereafter, petitioners herein filed the applications seeking recall of P.Ws.98 and 99 for cross- examination. The trial Court by the impugned order dismissed the applications mainly on the ground that the present applications are filed only with a view to further delay the completion of the trial. The fact however remains that the witnesses have not been cross-examined and the cross-examination was recorded as nil. Petitioners are seeking recall of only P.Ws.98 and 99 for cross- examination as they are Investigating Officers. 4. In the circumstances, in the interest of a fair trial and having regard to the fact that some of the petitioners- accused having not been represented by the counsel, it is considered that an opportunity can be given to the petitioners-accused to cross-examine the Investigating Officers-P.Ws.98 and 99. However, in order to ensure that the accused do not protract the further proceedings and delay the completion of the trial under the guise of cross- examining the Investigating Officers, it is directed that the trial Court shall fix a date for cross-examination of P.Ws.98 and 99 within a period of two weeks from the date of receipt of a copy of this order and if the petitioners- accused do not avail the said opportunity on that day, the right to cross-examine the witnesses shall stand forfeited and the trial Court is at liberty to proceed further in the matter. The impugned order is accordingly set aside and consequently Crl.M.P.Nos.281; 265 and 114 of 2011 in C.C.No.15 of 2000 on the file of the learned Special Judge for CBI Cases, Hyderabad, stand allowed as stated above. 5. In the result, Criminal Revision Cases are disposed of. _______________________ G.V.SEETHAPATHY, J 12th July, 2011. Tsy