1. - This is an application under Section 482 Criminal Procedure Code in Sessions Case No. 93/88 against the order of the learned Sessions Judge dated 16-12-1988 where by he rejected the application for recalling the witnesses under Section 311, Criminal Procedure Code The sessions case was fixed on 15th and 16th December, 1988. On 15-12-1988 when the witnesses were produced before the Court, an application was moved by learned Counsel for the accused Shyamlal who was in custody that his file has been sent to Jaipur as the bail application of the accused is listed in High Court hence he could not prepare the case and the statements of the witnesses may be conferred. He also mentioned that he is prepared to pay the expenses of the witnesses according to the rules. This application of the petitioner was rejected by the learned Sessions Judge and he recorded the statement of witnesses PW 1 to PW 5. Learned counsel for the petitioner did not cross examine the witnesses since he was not prepared. On 16th December, 1988 when the witness appeared, he cross-examined them and moved an application for recalling the witnesses PW 1 to 5 for cross-examination but the said application w