Pogaku Laxmana Swamy @ Pogaku Laxman, v. The State Of Telangana,

13257l

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION NO: 2586 OF 2025 Between:

Pogaku Laxmana Swamy @ Pogaku Laxman, Sio. Tataiah, age 42 years, Occ. Cultivation, R/o. H.No.'13-3-114, Ashok Nagar Colony, Bhadrachalam, Bhadradri Kothagudem District, Presently residing at H.No.13-3,1 16/2, Ashok Nagar Colony, Bhadrachalam, Bhadradri Kothagudem District. ...PETITIONER/ACCUSED AND The State of Telangana, rep.by its Public Prosecutor, High Court of Telangana at Hyderabad through SHO, Bhadrachalam Town PS. Smt. Kota Bhanumathi, Wo. Rama Gandhi, age 37 years, Occ. House Wife, Rio. H.No.13-3-1'12, Ashok Nagar Colony, Bhadrachalam, Bhadradri Kothagudem District.

...RESPONDENTSiDEFACTO COMPLAINANT Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records pertaining to the docket order dated. 27.O1 2025 (12.02.2025) pertaining to the Crl.M.P.No.49 of 2022 in C.C.No.22412022 on the file of JFCM at Bhadrachatam and quash the same by ordering Crl.M.P No.49 of 2025.

f .A. NO: 1OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in C.C.No.224/2O22 on the flle of JFCM at Bhadrachalam, pending disposal of Quash petition.

The Court made the following: ORDER This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri Krishna Kishore Kovvuri, Advocate for the petitioner, public prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No. 2.

l HON'BLE SMT. JUSTICE JUWADT SRTDEVI CRIMIN AL PETITTO NNo.2586 of 2025 ORDER:

Challenging the docket order dated 27 '01 '2025 passed in C.C.No.224of2022bythelearnedJudicialMagistrateofFirstClass atBhadrachalam,thiscriminalpetitionisfiled.Bytheimpugned order, the application filed by the petitioner under Section 311 Cr.P.C. to recall the evidence of P'Ws'1 and 2 for further crossexamination was dismissed 2.

Heard Mr Krishna Kishore Kowuri' learned counsel for the petitioner/accused and the learned Additional Public Prosecutor for the State-ResPondent Perused the material on record'

3.

Case of the Petitioner is that C.C.No.224 of 2022 was filed against him. During the course of trial' the' previous counsel for the accused cross-examined PWs' 1 and 2' however' some crucial ( / points are omitted, which are very much related to prove their case and for proper adjudication of the matter'

4.

Learned counsel for petitioner submits that as per Section 311 of Cr.P.C., Court may at any stage of proceedings can -l

re-summon any person, if his evidence appears to be essential for just decision in the case Hence, prayed to allow the petition. 5.

ln view of the said submission, to give one more opportunity to the petitioner and for proper adjudication of the matter, this . Court is inclined to allow the Criminal petition by setting aside the impugned order. The trial Court is directed to issue summons to PWs.1 and 2 by fixing a date and the learned counsel appearing for the petitioner/accused in the trial Court is directed to cross examine pWs.l and 2 on the date specified bythe trial Court, in default, their evidence stands closed.

Accordingly, this Criminal petition is allowed oMiscellaneous applications, if any pending, shall also stand closed.

Sd/- T. JAYAS EE ASSISTANT REGIS R /iTRUE COPY// SECTION FICER \ To,

1. The Judicial magistrate of First Class at Bhadrachalam

2. The Station House Officer. Bhadrachalam Town Police Station, Bhadradri Kothagudem.

3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT]

4. One CC to Sri Krishna Kishore Kovvuri, Advocate [OPUC]

5. Two CD Copies "ryw

HIGH COURT DATED: 2410212025 (oR HE S T4 ////s ).

o L) .1i 2 5 ris 2025 \ o ./1 \

ORDER

CRLP.No.2586 of 2025 ALLOWING THE CRIMINAL PETIT!ON