recall of examined witnesses

krishnamohanjha (Querist) 14 July 2010 This query is : Resolved
dear sir ,
a case was register u/s-304(a)
in which a docter & his copounder
made accused & thre witnesses were
examined during trail now the case
is compermise &a compermise petition
sing by both parties are on record
& apetition to recall of witnesses
are also their .But the C.J.M. is
not want to allow the petition of
recall & he order to produce any
rulling passed by any high court
or Apex court.
Now whats a way to difence .

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Srinath Kondapally (Expert) 14 July 2010
dear Krishnamohan, when there is compromise petition is recorded what is the necessity to recall a witness and at the same time when you are instigating for recall of witness then why did you compromised the matter, you can run on two ways at one time, what is better you first decide/// anyhave, at any stage of the case proceeding after examining the witness court can recall a witness either it is for examination or for cross examination as per the cr.p.c. provisions itself.