1. The sole accused in S.C. No. 1018/2022, on the files of Special Court under the Protection of Children from Sexual Offences Act, 2012, has filed this Criminal Miscellaneous Case under Section 482 of the Code of Criminal Procedure (‘Cr.P.C’ for short) challenging the order in Crl. M.P. No. 54/2024 dated 18.03.2024, whereby the Special Court allowed an application filed under Section 311 of Cr.P.C. at the instance of the prosecution to recall PW-17 for examination, further.

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor in detail.

3. It is argued by the learned counsel for the petitioner that in this matter trial started on 26.04.2023 and evidence was recorded. On completion of evidence, parties were heard in detail. When the case was posted for judgment, the present petition was filed to recall and examine PW-17 further with a view to fill up the lacunas in the prosecution evidence as the same would prejudice the right of the accused. Therefore, the order impugned would require interference by this Court.

4. It is contended by the learned counsel for the petitioner that the legal position as regards to Section 311 of Cr.P.C. is well settled