( 1 ) THE petitioners are accused in Sessions Trial No. 310 of 2002 pending in the Court of Additional Sessions Judge, Etah. The petitioners moved an application under S. 311, Cr. P. C. to recall PWs. 1 and 4 for further cross-examination.

( 2 ) IT is alleged that by mistake the witnesses could not be cross-examined regarding the place of incident and manner of firing.

( 3 ) IT is also alleged that the petitioners have now engaged another counsel who found that the witnesses have not been cross-examined on material points.

( 4 ) IT is further alleged that in the cross cases for offence under S. 307, I. P. C. , the parties have compromised; that in the present case which is for offence under S. 307, I. P. C. the parties have also compromised and therefore, it is necessary to resummon the witnesses for further cross-examination. It was also disclosed by the petitioners that the witnesses have no objection in recalling them for further cross-examination. However, the learned Additional Sessions Judge has rejected the application for recall of the witnesses by the impugned order dated 2-2-2002. aggrieved by it, the present petition has been preferred.

( 5 ) I have heard