(Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to set aside the order dated 29.11.2018 passed by the learned CCB & CBCID Metropolitan Magistrate, Egmore, Chennai in C.M.P.No.5129 of 2018 in C.C.No.7005 of 2007.)

1. This petition has been filed quashing the order passed by the Court below dismissing the petition filed under Section 311 of Cr.P.C. to recall PW1 to PW3 for the purpose of cross-examination.

2. The petitioners are facing trial before the Court below for the offences under Sections 420, 384 r/w 34 of IPC. In this case the final report was taken in the year 2007. There was no progress in the case and ultimately the trial started only in the year 2012. Four witnesses were examined on the side of the prosecution. PW1 was examined on 26.10.2012, PW2 was examined on 07.02.2013 and PW3 was examined on 26.02.2018. On all those dates the petitioners even though were represented by a counsel chose not to cross-examine these witnesses. Ultimately a petition came to be filed under Section 311 of Cr.P.C., on 03.10.2018 to recall PW1 to PW3 for the purpose of cross-examination. The said petition was dismissed by the Court below