ORAL ORDER

The petitioner is before this Court calling in question an order dated 08.12.2025 by which the concerned Court rejects an application filed by the petitioner under Section 311 of the Code of Criminal Procedure (hereafter ‘Cr.P.C’ for short), seeking recall of the prosecution witnesses PW-9, PW-16 and PW-19 in S.C.No.354/2019 registered for the offence punishable under Section 302 of the Indian Penal Code (hereinafter ‘IPC’ for short).

2. Heard Sri.Shivaprasad S, learned counsel appearing for the petitioner, Sri.B.N.Jagadeesha, learned Additional State Public Prosecutor, appearing for the respondent.

3. Facts in brief, germane, are as follows:

The petitioner gets embroiled in a crime registered in Crime No.137/2019 for the offence punishable under Section 302 of the IPC. The issue in the lis is not with regard to the merit of the matter. The trial is pending in S.C.No.354/2019. The petitioner files an application under Section 311 of the Cr.P.C., seeking recall of PW-9, PW-16 and PW-19 on 29.10.2025. The application comes to be rejected on the score that it is a ruse to