Geddala Venkateswarulu vs Ruthula Satyanarayana
2022 Latest Caselaw 1622 AP

               THE HON'BLE SRI JUSTICE D. RAMESH
                CRIMINAL PETITION NO.3091 of 2019
ORDER:-
      This Criminal Petition under Section      482    of the Code of

Criminal Procedure, 1973 ( for short "Cr.P.C.") is filed seeking to set

aside orders dated 24.04.2019 passed in Crl.M.P.No.482 of 2019 in

C.C.No.222 of 2017 by the IV Additional Judicial First Class Magistrate,

Kakinada East Godavari District.


2.    The orders passed in Crl.M.P.No.482 of 2019 in C.C.No.222 of

2017 on 24.04.2019 reads as follows:-


            "The Petition is filed u/sec.311 Cr.P.C. seeking
           recall of PW.1 to further cross examination with
           regard to few aspects relating to cheque.
                  The    Respondent/complainant         filed

counter praying to dismiss the petition stating that the present petition is filed only to dragon the matter and to harass the Respondent/Complainant.

Heard and perused the record.

The Petitioner submitted that he has to examine the PW.1 with regard to legal enforceability and execution of Promissory Note and also with a cheque.

Present the case is posted for defence evidence. The Defence got examined PW.1 also. Hence, at this stage, calling of the witness is nothing but to fill the gaps and to dragon the matter and thereby cause the delay in disposing the case.

Hence, the petition is dismissed without costs."

3. The learned counsel for the petitioner submitted that the said

aspect of recalling the witnesses to cross examine was considered by

the Apex Court in catena of decisions and has relied upon the

judgment of the Apex Court in the case of P.Sanjeeva Rao V. State of

A.P.,1 wherein, the Apex Court has ordered to recall the prosecution

witnesses by the Trial Court and to afford opportunity of cross

examination of the witnesses to the appellant.

4. On a perusal of the petition filed ie., Crl.M.P.No.482 of 2019 in

C.C.No.222 of 2017, it is not clear as to on what aspects, the

petitioner wants to re-examine the PW.1. It is only stated that PW-1

could not be cross examined in few material aspects. Therefore, PW-

1, should be recalled for the purpose of further cross examination.

5. The fact remains that the Calender Case is filed in the year 2017

and cross examination of PW-I was completed on 7.8.2018. After a

lapse of six months, the Crl.M.P.No. 482 of 2019 is filed under section

311 of Cr.P.C., to recall PW-1 for the purpose of further cross

examination.

6. In view of the fact that no specific reasons are mentioned as to

on what aspects the petitioner wants to re-examine PW.1, this court

does not feel to interfere with the orders passed in Crl.M.P.No.482 of

2019 in C.C.No.222 of 2017 on 24.04.2019 by the IV Additional

2012 Legal Eagle 292 Judicial First Class Magistrate, Kakinada East Godavari District.

Accordingly, this Petition is dismissed.

As a sequel thereto, miscellaneous applications, if any pending shall stand closed.

__________ D.RAMESH,J Date: 06.04.2022 PA.

HON'BLE SRI JUSTICE D.RAMESH

CRIMINAL PETITION NO. 3091 of 2019

DATED: 06.04.2022

PA.

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE No:CRL.P.No.3091 of 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE NOTE NO.

01. 06.04.2022 DR, J

Criminal Petition is dismissed. (VSO)

_______

DR,J

PA.

SL. DATE ORDER OFFICE NOTE NO.