Sri Natwarlal Sainik, v. M/S. Arihant Tures,

HON'BLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.9080 of 2017 ORDER:

Heard learned counsel for the petitioner, learned Public Prosecutor and perused the record.

This Criminal Petition is filed to quash the order, dated 26.7.2017, passed in Crl.M.P.No.1617 of 2017 in C.C.No.461 of 2015 on the file of the learned IV Special Magistrate at Hyderabad.

There is record to show that the said Crl.M.P. was filed before the Court below to recall P.W-1 for cross-examination on the ground that the sister-in-law of the learned counsel for the petitioner-accused appearing in the Court below expired, he could not make his presence before the trial Court and conduct the cross-examination of P.W-1 on 20.6.2017.

While dealing with this matter, the Court below passed an order, which is as follows:

"No representation on behalf of the petitioner/accused. Heard respondent/complainant reported ready. Hence, petition is dismissed." So, it is evident from the record that there is a justifiable reason for not cross-examining P.W-1 on 20.6.2017 by the learned counsel for the petitioner-accused.

Under these circumstances, the Criminal Petition is allowed recalling P.W-1. The petitioner shall complete the cross-examination of P.W-1 within 15 days from today. As a sequel, the Miscellaneous Petitions, if any, shall stand disposed of.

_____________________ DR. SHAMEEM AKTHER, J 03rd October 2017 DR