JUDGMENT :

AJAY RASTOGI, J.

1. Leave granted.

2. Respondent nos. 1 to 3 are facing criminal trial in Sessions Case No. 538 of 2004 for offences under Sections 498A, 304B, 302 read with Section 34 of the Indian Penal Code (hereinafter being referred to as “IPC”) and under Section 4 and 6 of the Dowry Prohibition Act, 1961 due to the death of wife of the 1st respondent under unnatural circumstances on intervening night of 2nd/3rd April, 2004 at Bangalore.

3. During pendency of the trial, an application was filed by the Ld. Additional Special Public Prosecutor under Section 173(5) read with Section 311 of Code of Criminal Procedure, 1973 (hereinafter being referred to as Cr.P.C.) for summoning the witnesses along with securing the relevant records to meet the ends of justice. The Ld. Additional City Civil and Sessions Judge, Bengaluru City, after detailed discussion and taking note of the scope of Section 311 Cr.P.C. allowed the application by its order dated 3rd September, 2016, after assigning cogent reasons in support thereof.

4. This came to be challenged by respondent nos. 1 to 3 in a petition filed under Section 482 Cr.P.C. The Ld. Judge of the High Court after recording submissions