IN THE COURT OF SH ……………… Ld. METROPOLITAN MAGISTRATE, …………

……………………….                                                                                             PETITIONERS

Versus

………………………                                                                                              RESPONDENT

FIR NO. ………………

UNDER SECTION ……………… IPC,

APPLICATION UNDER SEC. 311 CrPC FOR RECALLING OF WITNESS

The petitioner above named states as follows:

1. The petitioner states that his counsel on record was unable to appear before this Hon’ble Court on……………… for the reason ………………..
2. The petitioner states that it is neither willful nor wanton but due to the reason stated above.
3. The petitioner states that the balance of convenience lies in his favour, further to get rebuttal evidence from the PW –……………. it is just and necessary to cross-examine the PW –………………as this is an important witness of fact and absence of cross examination by defense would be detrimental to the petitioner's case. Hence the petitioner shall be permitted to cross-examine the PW – …………………
4. The applicant is ready to bear the cost of PW-……. reappearance in the Court.

In these circumstances it is therefore prayed that this Hon’ble Court may be pleased to permit the petitioner to reopen and recall the PW – ……and cross examine in the interest of justice and thus render justice.

Dated ……………..             

Counsel for Applicant