ORDER

Annexure 5 order passed by the Fast Track Special Court, Karunagappally, in Crl.M.P.No.208/2025 in S.C.No.892/2021 is under challenge in this petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023, at the instance of the accused. The aforesaid order was passed by the learned Special Judge, on a petition filed by the Special Public Prosecutor under Section 311 Cr.P.C. for recalling PW5, and also for examining CW12. PW5, who had been managing the property of PW4, where the victim and family had been residing for rent, had earlier tendered evidence with regard to the rental arrangement with the victim’s parents. Though the rent deed was seen to have been prepared on 16.03.2020, PW5 is said to have stated that the victim and family started to reside in the above house only from August, 2020. The disparity in the evidence in the above regard, is sought to be clarified by the prosecution by recalling PW5, and also by examining CW12.

2. According to the petitioner, the course so adopted by the learned Special Judge, is against law, since it would amount to filling up the lacuna of the prosecution case.

3. Heard the learned counsel for the petitioner and the