Nunavath Saraiah v. State Of Telangana

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CRI MI NAL PETI TI ON No.5 3 2 OF 2 0 1 9 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), is filed to quash the docket order 10.01.2019, passed in S.C.No.54 of 2015 on the file of V Additional Sessions Judge (II F.T.C), Warangal at Jangaon, and consequently, direct the Court below to recall P.Ws.1 to 9 and allow petitioners/ A.1, A.3 and A.4 to cross-examine them. 2.

Heard learned counsel for the petitioners/ A.1, A.3 and A.4 and the learned Additional Public Prosecutor appearing for the respondent-State. Perused the record.

3.

This Court vide order, dated 17.12.2018, in Crl.P.No.13475 of 2018 had considered the request of further cross-examination of P.Ws.1 to 9. For one reason or other, the further crossexamination of witnesses was not taken up. This Court also recorded a finding that the further cross-examination of P.Ws.1 to 9 was essential to find out the truth or otherwise of the allegations made against the petitioners/ A.1, A.3 and A.4. Under these circumstances, the impugned docket order, dated 10.01.2019, is liable to be set aside.

4.

Accordingly, the Criminal Petition is allowed setting aside the docket order, dated 10.01.2019, in S.C.No.54 of 2015 on the file of V Additional Sessions Judge (II F.T.C), Warangal at Jangaon, and the petitioners are granted fifteen (15) days time from today for further cross-examination of P.Ws.1 to 9.

Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

______________________ Dr . SHAMEEM AKTHER, J MARCH 1 2 , 2 0 1 9 Note:

Furnish C.C. tomorrow (B/ o) YVL

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CRI MI NAL PETI TI ON No.5 3 2 OF 2 0 1 9 Dat e:1 2 .0 3 .2 0 1 9 YVL