ORDER

The petitioner has approached this Court, challenging Ext.A6 order, through which the application filed by the petitioner for recalling and re-examining PW1 in S.C. No.430/2015 was rejected by the Additional Assistant Sessions Judge-II, Thrissur.

2. Learned counsel appearing for the petitioner would submit that PW1 is the alleged victim. It is submitted that a statement had been recorded from the victim under Section 164 Cr.P.C and the copy of the same had not been provided to the petitioner. It is submitted that the prosecution also did not examine the Magistrate, who recorded the statement under Section 164 Cr.P.C and did not also mark the statement recorded under Section 164 Cr.P.C through the Magistrate, who recorded the same. It is submitted that, in such circumstances, the petitioner had filed an application under Section 311 Cr.P.C for recalling and re-examining PW1.

3. Learned Public Prosecutor vehemently opposes the grant of any relief to the petitioner. It is submitted that the contention now taken by the petitioner that the copy of the statement recorded under Section 164 Cr.P.C was not served on the petitioner, cannot be accepted. It is submitted that the non-receip