ORDER : This criminal original petition has been filed challenging the order dated 03.07.2017 passed in M.P.No.2169 of 2017 in C.C.No.7 of 2013 on the file of the XI Additional City Civil & Sessions Judge for CBI Cases (CBI Cases relating to Banks and Financial Institutions) Chennai. 2. The petitioner is the third accused in C.C.No.7 of 2017 which was allowed by the XI Additional City Civil & Sessions Judge (for CBI Cases), Chennai, in Crl.M.P.No.2169 of 2017. The petitioner herein stood charged for the offence under Section 420 IPC. By an order dated 03.07.2017, the Trial Court allowed the application filed under Section 311 Cr.P.C., on the ground that P.Ws.15 to 17 did not specifically stated anything against the petitioner herein in the chief examination. 3. The case of the prosecution, in brief, is as follows:- The petitioner is facing trial in the above said alleged offence. The accused No.10 had filed Crl.O.P.No.29096 of 2015 for direction to expedite the matter. This court, by an order dated 08.12.2015 thereby directing the trial Court to dispose of the matter within the month of June 2016. But some of the advocates filed the petitions in Crl.O.P.Nos.25984, 13903 and 23050 of 2016. In the said orders, “the petitioner is at liberty to file an application under Section 311 of Cr.P.C. to recall the witnesses. If the petitioner filed the recall application for witnesses, the Trial Court is directed to consider the same on merits on the same day itself and give an opportunity to the petitioner to cross examine the P.Ws. The petitioner is at liberty to file a recall petition to P.Ws.13, 15, 16, 17, 20, 21, 25, 26, 28 and 31. In the meanwhile, the accused has filed a petition in Crl.M.P.No.2169 of 2017 seeking to recall the prosecution witnesses, P.Ws.13, 15, 16, 17, 20, 21, 25, 26, 28 and 31 for the purpose of cross examination. The Trial Judge had dismissed the application against the witnesses viz., P.Ws.13, 15, 16, 17, 20, 21, 25, 26 and 28 and permitted the petitioner to recall P.W.31 for cross examination. 4. Learned counsel for the petitioner would submit that he restricted his prayer to cross examine P.Ws.13, 15 and 16 and he has also made an endorsement to that effect. Apart from P.W.31, PW.13, P.W.15 and P.W.16 alone may be permitted to recall and cross examine them. 5. 4. Learned counsel for the petitioner would submit that he restricted his prayer to cross examine P.Ws.13, 15 and 16 and he has also made an endorsement to that effect. Apart from P.W.31, PW.13, P.W.15 and P.W.16 alone may be permitted to recall and cross examine them. 5. The learned Special Public Prosecutor (for CBI Cases) would submit that now the post of XII Additional Special Judge is vacant and the Presiding Officer functioning in the post of XI Additional Special Judge Chennai is an in-charge Officer. 6. Considering the above said facts and circumstances of the case and the submissions made on either side, this Court directs the learned XII Additional Special Judge (for CBI Cases) to issue summons to these witnesses P.W.13, P.W.15, P.W.16 and P.W.31 on 16.08.2017 itself and the learned Special Public Prosecutor (for CBI Cases) is also directed to produce the said four witnesses. 7. The learned XII Additional Special Judge, Chennai (CBI Cases) is directed to examine the witnesses viz., P.W.13 and P.W.15 on 29.08.2017 at 11.00 a.m. and the remaining witnesses viz., P.W.16 & P.W.31 on 31.08.2017 at 11.00 a.m. without fail. In case, the witnesses are produced, the learned counsel for the petitioner/A3, shall cross examine the witnesses on the above said dates itself, failing to do so on the part of the petitioner/A3, the trial Court shall not adjourn the case further for cross examining the above witnesses and no other recall applications shall be entertained. 8. It is brought to the knowledge of this Court that in earlier CMP.No.25984 of 2016, this Court already passed an order dated 02.12.2016 to recall the witnesses of P.W.33. Since he was absconded, the prosecution is not able to produce the absconding witness before the trial Court. If the prosecution is not able to produce that witness before the trial Court, the public prosecutor is directed to submit a report before the trial Court, if any report is filed on behalf of the CBI, the learned XII Additional Special Judge, Chennai is directed to consider the report and close the cross examination of P.W.33 and proceeded further in accordance with law. With the above directions, this criminal original petition is disposed of. Consequently, connected miscellaneous petition is closed.