T.P.S. Mann, J. - The petitioners are aggrieved by the order passed by Additional Sessions Judge (Fast Track Court), Gurgaon on 1.9.2005, whereby their application under Section 311 Criminal Procedure Code for summoning Dr. R.K. Kaushal from Forensic Science Laboratory, Madhuban (for short FSL) for cross- examination was dismissed.

2. Trial of FIR No. 80 dated 14.3.2001 was going on against the petitioners and respondent Nos. 2 to 7 in the Court of Additional Sessions Judge, Gurgaon. During the same, the prosecution tendered into evidence report Ex. PQ of Director FSL on 21.7.2004. No objection whatsoever was raised by the accused at that time regarding its admissibility. Even otherwise the said report was admissible in evidence by virtue of the provisions of Section 293 Criminal Procedure Code The aforementioned report Ex. PQ was also put to the accused in their respective statements. After the prosecution evidence was over and the statements of the accused were recorded under Section 313 Criminal Procedure Code on 13.10.2004, the case then proceeded to the stage of recording of defence evidence. Several adjournments were granted to the accused for leading their defence.