ORDER :

1. With the consent of the parties, the matter is heard finally at the motion stage.

2. Challenge in this petition under Section 482 of Cr.P.C. is to the order dated 01.10.2022 (Annexure P-1) passed by learned Additional Sessions Judge, Sarangarh, District Raigarh (CG) in S.T. No. 11/2017 thereby rejecting application of petitioner No. 2 filed under Section 311 of the Code of Criminal Procedure, 1973 (henceforth “the Code”) seeking re-cross examination of witness Ruchit Nayak (PW-14).

3. Facts of the case, in brief, are that petitioners are facing criminal trial under Sections 307, 201, 120-B, 34 of IPC on the allegation that on 8.6.2017, petitioners have attacked and assaulted victim by means of axe causing serious injuries to him. During course of trial, on 17.7.2019 statement of victim Ruchit Nayak (PW-14) was recorded by the Court below. After examination of victim, petitioner No. 2 realized that victim (PW-14) was though effectively cross-examined only on behalf of petitioner No. 1, but not in respect of petitioner No. 2 herein. Therefore, application under Section 311 Cr.P.C. to recall victim (PW-14) for re-cross examination, is filed mentioning the points on which re-cr