Crl.P.No.705/2023 is filed by the petitioner/accused

under Section 482 of Cr.P.C., for setting aside the order of

dismissal of the application dated 06.01.2023, under Section

311 of Cr.P.C. and Crl.P.No.692/2023 filed by the same

accused under Section 482 of Cr.P.C., for quashing the order

passed by the Special Court by rejecting the application under

Section 91 of Cr.P.C.

2.

Heard the arguments of learned counsel for the

petitioner and learned High Court Government Pleader.

3.

The petitioner was charge sheeted for the offence

punishable under Sections 450, 354, 305 of IPC and Section 8

of POCSO Act and he was facing the trial. The prosecution said

to be examined 11 witnesses. The petitioner filed an

application under Section 311 Cr.P.C., for recalling P.Ws.1 to 5

for the purpose of further cross-examination as they are the

family members and eyewitnesses to the incident and also

contended that the earlier counsel was not properly cross-

examined those witnesses except denial of the evidence. If the

petitioner is not allowed to cross-examine the witnesses, his

- 4 -

case would be prejudiced and he would be put to hardship and

loss. Therefore, the petitioner has filed an appl