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2023 Supreme(Kar) 97

M. NAGAPRASANNA
Mukund Chandi Bammar – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
Melanie Sebastian, Advocate, K.P. Yashodha, Advocate

JUDGMENT

M. Nagaprasanna, J. - Petitioners are before this Court calling in question an order dated 01.07.2022 passed by the XXXII Additional Chief Metropolitan Magistrate, Bangalore rejecting the application of the petitioners filed under Section 311 of the Cr.P.C. seeking permission to cross-examine P.Ws.1 to 3.

2. Heard Sri.Melanie Sebastian, learned counsel appearing for the petitioners and Smt.K.P.Yashodha, learned High Court Government for the respondent No.1.

3. Brief facts that lead the petitioners to this Court in the subject petition, as borne out from the pleadings, are as follows:

A crime comes to be registered in Crime No.16 of 2015 for offences punishable under Sections 341, 34, 504, 323 and 354 of the IPC. The police, after investigation, have filed a charge sheet and the proceedings are pending in C.C.No.6842 of 2015. The issue is not with regard to the merit of the allegations against the petitioners. In the said proceeding, the petitioners file an application under Section 311 of the Cr.P.C. seeking recalling of witnesses 1 to 3. The first witness for the purpose of further cross-examination and witnesses 2 and 3 for cross-examination. The concerned Court in terms of

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