Sudhir Kumar Saxena, J.:-

Heard learned Counsel for the petition­ers and learned AGA.

The petitioners through this petition have challenged the order dated 30.11.2011 whereby application for re­calling prosecution witnesses Balak Ram and Surendra Pal has been rejected.

2. It appears that the petitioners are accused under section 302 and 201 IPC. On 11.11.2010, prosecution exam­ined Balak Ram and Surendra Pal who had identified the skeleton as well as the clothes belonging to the deceased. It is mentioned in the order sheet that op­portunity for cross-examination has been given but none came to cross-examine, consequently, cross-examination was closed. On 30.11.2011, petitioners/accused moved application for recalling the above witness as for some reason they could not be cross-examined. This application has been rejected by the Trial Court vide order dated 30.11.2011. This very order has been impugned herein.

3. Learned Counsel for the peti­tioners submits that he was prepared to cross-examine now and one opportunity may be given. In the petition ground taken is that previous Counsel did not cross-examine as such, new Counsel has been engaged.

4. It is necessary to have a look at sectio

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