ORDER

Petitioner is the defacto complainant in Crime No.444/2021 of Kalpakanchery Police Station, Malappuram which is now pending as C.C.No.1200 of 2021 on the file of the Judicial First Class Magistrate Court No.1, Tirur. The petitioner has approached this Court being aggrieved by the fact that Annexure A5 application filed by the accused under Section 311 Cr.P.C. has been allowed by the learned Magistrate casually and without giving any reasons for allowing that application.

2. The learned counsel referred to Annexure A5 application and pointed out that the only reason mentioned in Annexure A5 is that certain relevant questions were not put to the defacto complainant, who was one of the witnesses sought to be recalled for further examination. It is submitted that in almost identical circumstances this Court inParkson Estate and Industries, Cochin and Another vs. M/s. Trinity Trading, Kochi and Another [ 2016 (1) KHC 278 ] held as follows:

“9. There is no dispute regarding the power of the Court under S.311 of Code of Criminal Procedure to recall any witness who has already been examined or summon further witnesses if the Court is satisfied that recalling and examining the witnesse