ORDER :

The petitioner is before this Court calling in question an order dated 27.06.2019 passed by the LIII Additional City Civil and Sessions Judge, Bangalore in Spl.C.C.No.139/2015, rejecting an application filed by the petitioner seeking recall of the prosecution witnesses - PWs.3, 4, 6 and 7.

2. Heard Sri.Guru Prasanna S., learned counsel appearing for the petitioner and Sri. K.S. Abhijith, learned HCGP for the respondent.

3. The petitioner is accused No.2 in a proceeding instituted for offences punishable under Sections 363, 366A, 376, 342 and 506 of IPC and Section 5(C) read with Section 6 of Protection of the Children from Sexual Offences Act, 2012 (for short 'POCSO Act'). On 06.05.2015, charges were framed against the accused and on 27.08.2018, the present accused No.2 files an application seeking recall of PWs.3, 4, 6 and 7 for further cross-examination, notwithstanding the fact that they were already cross-examined on 09.12.2015. The said application is taken up by the Special Court in the year 2019 only to decline the request of the petitioner for recalling on the ground that earlier opportunity that was granted had not been utilized by the petitioner to cross-examine witn