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Judgment
Heard.
By way of the instant petition under Section 482 CrPC, the accused petitioner has approached this court for challenging the order dated
10.10.2017 passed by learned Additional Sessions Judge, Bali, whereby the application moved by the accused under Section 311 CrPC with a
prayer for recalling the witnesses Valaram and Smt. Anchi Bai for further cross-examination was dismissed.
I have heard and appreciated the arguments advanced by learned counsel for the parties and have perused the order impugned as well as the
application filed on behalf of the accused in the trial court under Section 311 CrPC.
Ex facie on appreciating the contentions advanced at bar and on perusal of the grounds set out in the application filed on behalf of the accused,
this court is of the view that there are no reasons whatsoever in the application, which could have persuaded the trial court to exercise its powers
under Section 311 CrPC for recalling and permitting further cross-examination of these witnesses. A perusal of the statements of the relevant
prosecution witnesses examined by the trial court indicates that they were subjected to detailed cross-examination by the previously appointed
defence counsel appearing for the accused. It appears that the application under Section 311 CrPC came to be filed because there was a change
of defence lawyer, whose appointment appears to be the catalyst in filing of the said application.
In view of these facts and finding no shortcoming, either factual or legal in the impugned order, I am not inclined to exercise this court''s inherent
powers under Section 482 CrPC so as to interfere therein. Hence, the instant miscellaneous petition as well as the stay petition are dismissed as
being devoid of merit.