Telangana High Court
Chevella Kumar vs The State Of Telangana on 27 September, 2023
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION NO.9519 OF 2023
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners - accused Nos.1, 2 and 4 to set aside the docket order dated 14.07.2023 passed in Crl.M.P.No.117 of 2023 in SC No.320 of 2014 by the learned X Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar.
2. Heard learned counsel for the petitioners and Sri S.Ganesh, learned Assistant Public Prosecutor for the respondent No.1 - State and perused the record.
3. It is the contention of learned counsel for the petitioners that a case was registered against the petitioners for the alleged offences punishable under Sections 302, 379, 201, 120B & 316 of the Indian Penal Code and after completion of investigation in Crime No.72 of 2012, the Police Chevella filed charge sheet before the Court concerned and the same is numbered as S.C.No.320 of 2014 on the file of X Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar. It is further contended by learned counsel for the petitioners that the trial commenced in this case and when the GAC,J Crl.P.No.9519_2023 2 matter has come up for cross examination of PW6, the counsel on record could not cross examine the witness as he was ill-health and the trial Court has closed the cross examination of PW6 on the same day. It is also contended by learned counsel for the petitioners that the petitioners filed Crl.M.P.No.117 of 2023 in S.C.No.320 of 2014 under Section 311 of Cr.P.C. to recall PW6, but the trial Court dismissed the said petition vide docket order dated 14.07.2023 contending that it was filed after four months of closing the cross examination of PW6, therefore, it is not a fit case to recall PW6 for cross examination.
4. On perusal of the docket order dated 14.07.2023 passed in Crl.M.P.No.117 of 2023 in S.C.No.320 of 2014 by the learned Sessions Judge, except stating that 'recall petition was filed after four months of closing the cross examination of PW6', no other reasons are assigned in the docket order dated 14.07.2023 by the learned Sessions Judge. Admittedly, the petitioners are charged with the offences punishable under Sections 302, 379, 201, 120B & 316 of the Indian Penal Code. PW6 is the sister of the deceased and the case of the petitioners to defend their innocence can only be projected by way of cross examining the witness before the Court and in the GAC,J Crl.P.No.9519_2023 3 absence of cross examination, the petitioners will suffer irreparable loss.
5. Taking into consideration that PW6 is the crucial witness to the case and there is every necessity for the petitioners to cross examine PW6 to elicit the omissions and contradictions in the evidence of PW6. Though recall petition was filed at the belated stage but a fair opportunity has to be given for the petitioners - accused to defend themselves, this Court is of the considered opinion to set aside the docket order dated 14.07.2023 passed in Crl.M.P.No.117 of 2023 in SC No.320 of 2014 by the learned X Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar, subject to condition of the petitioners paying costs of Rs.2,000/- to the witness i.e. PW6. Further, the trial Court is directed to dispose of the S.C. at the earliest, since the case is of the year 2014 and no further time shall be granted for examination of PW6.
6. With the above observations, this Criminal Petition is allowed.
Miscellaneous Petitions, pending if any, shall stand closed.
________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 27.09.2023 ns