A. S. NAIDU, J.

( 1 ) RELYING upon Section 6 of the commissions of Inquiry Act, 1952, a petition was filed before the learned Sessions judge, Khurda at Bhubaneswar in S. T. No. 161 of 1999 and S. T. No. 53 of 2000 by the accused persons under Section 340, Cr. P. C. praying for drawing up prosecution against p. Ws. 3, 15, 36 and 39 for having deliberately given false evidence in the Sessions trials. The said petition having been rejected by order dated 15-2-2003, the present criminal Misc. case is filed.

( 2 ) THE accused-petitioners are facing trial under Section 302, I. P. C. read with other sections for committing murder of Graham stains and others. The Central Government by Notification had appointed Justice D. P. Wadhwa under the Commissions of Inquiry act to inquire and report. The report was submitted and was placed before the Union cabinet and was approved. According to the petitioners who are accused in the abovementioned Sessions cases, the aforesaid P. Ws. were also examined in the wadhwa Commission and the statements made by them in Court are contradictory to the statements made before the Commission and according to Mr. Mohapatra, learned counsel for the petitioners, i