Debiprasad Sengupta, J.

1. In the present application the petitioner has challenged an order dated 13.5.2003 passed by the learned Judge, 2nd Bench, Fast Track Court at Calcutta in Sessions Case No. 27 of 2002 thereby rejecting the prayer of the petitioner under section 231 (2) of the Code of Criminal Procedure.

2. In course of trial of the aforesaid Sessions Case after examination-in-chief of P.W. 1, P.W.2 and P.W. 3 a petition was filed on behalf of the defence praying that the cross-examination of the said witnesses may be deferred till the examination-in-chief of all other witnesses is over. It is the contention of the learned Advocate of the petitioner that the said three witnesses are mother, wife and elder brother of the victim and they are the alleged eye-witnesses. The defence will be highly prejudiced if they are not allowed to cross-examine the said witnesses after completion of examination-in-chief of other witnesses. It is the further contention of the learned Advocate of the petitioner that if the prayer of the petitioner is not allowed there will be much opportunity for the prosecution to fill up the lacuna in its case as may be disclosed in course of cross-ex