Petitioners/accused Nos.2 and 3 along with other

accused have been charge-sheeted for the offences

under Sections 376, 323, 506-B and 384 read with

Section 34 of IPC. The petitioners/accused filed an

application under Section 311 of Cr.P.C for recalling of

the witnesses PW.1, 7, 10, 11 and 12 for further

examination-in-chief. The said application came to be

rejected, against which, the present petition is filed.

Learned counsel for the petitioners submits

that further examination-in-chief of PW.1 was recorded

in the absence of the accused while they were in judicial

custody and the same is contrary to Section 273 of

Cr.P.C. In support, he places reliance on the decision of

the Hon'ble Supreme Court in the case OF ATMA RAM

VS. THE STATE OF RAJASTHAN in Crl.A.No.656-

657/2019.

4

3.

On the other hand, learned High Court

Government Pleader appearing for the respondent-State

submits that in the absence of any prejudice caused to

the petitioners/accused herein, though the examination-

in-chief of pw.1 was recorded in their absence, there is

no necessity to recall PW.1 for further examination-in-

chief.

4.

I have examined the submissions made by

the learned counsel for the parties.

5.

The ev