P.S.DINESH KUMAR
Irfan Pasha, S/o Late Abdul Majeed – Appellant
Versus
National Investigating Agency Represented by SPP High Court of Karnataka Bangalore – Respondent
Petitioners, in these writ petitions, have challenged order dated 12.10.2018 in Spl.C.No.181/2017 passed by XLIX Additional City Civil & Sessions Judge (Special Court for trial of NIA Cases), Bengaluru, allowing an application filed by the National Investigating Agency(NIA) under Section 311 of Cr.P.C.
2. Heard Shri S.Balan, learned advocate for the petitioners and Shri P.Prasanna Kumar, learned advocate for the respondent-NIA.
3. Petitioners are accused No.1 to 4 facing trial for offences punishable under Sections 302, 201, r/w 34 IPC, Sections 3 and 27 of Arms Act and Sections 15,16,17,18 and 20 of Unlawful Activities(Prevention) Act, 1967.
4. Shri S.Balan submitted that examination-in-chief of three prosecution witnesses namely PWs.1, 2 and 3 was completed on 07.06.2018. P.W.1 was cross-examined on 08.06.2018, 28.06.2018, 31.07.2018, 01.08.2018, 14.08.2018 and the cross-examination was completed on 22.09.2018. On the very same day, prosecution filed the instant application to recall P.Ws. 1 to 3 for the purpose of identification of weapon and the motor cycle used by the accused for the offence.
5. Assailing the impugned order, Shri Balan urged following contentions:
that Secti
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