JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

1. This is a petition under Section 482 Code of Criminal Procedure, 1973 (For Short `Cr.P.C') seeking setting aside of the dated 16.12.2022 passed by the learned ACMM-2 Cum ACJ, RACC, New Delhi in case CBI No. 309/2019 whereby the learned Trial Court has dismissed the application under Section 311 Cr.P.C, r/w Section 138 Indian Evidence Act, 1872 filed by the petitioner seeking recall of PW9 Hansraj and PW23 S. L. Mukhi who is the expert from the CFSL.

2. Learned counsel appearing for the petitioner submits that though both the witnesses were examined and cross examined by the petitioner, however, upon closer scrutiny of such cross examination, learned counsel appearing for the petitioner realised that certain very material and core questions crucial to tilt the case in favour of the petitioner were overlooked and the same would be required for just decision of the case.

3. Learned counsel appearing for the petitioner submits that even under the provisions of Section 311 Cr.P.C., the requirement for re examination is primarily in respect of the just decision of the case and the delay in s