Fayaz Ahmed v. The State Of Telangana

13385 I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: 3601 OF 2024 Between:

Fayaz Ahmed, S/o Late Naser Ahmed, Aged 31 Yrs, Occ: Auto Driver, R/o H. No 12-115111, Mabee-1 1 Colony, Shaheennagar, Balapur, R.R. Dist. PETITION ERYACCUSED AND The State of Telangana, Rep. by Public Prosecutor, High Court, Hyderabad. The State of Telangana, Through P.S. Balapur Hyderabad. RESPONDENTS/COMPLAINANT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the order in Crl. M.P. No. 38 of 2024 in S.C. No. 247 of 2019, Dated O4lO3l2O24 passed by On the file of the Honorable Fast Track Special Court For Expeditious trial And Disposal of Rape and FOC SU Act Cases, Ranga Reddy Dist, At L.B. Nagar and to grant. l.A. NO: 1 OF 2024 Petition under Section 482 of Cr.P.

C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all proceedings m S.C. No. 247 oI 2019, On the file of the Honorable East Track Special Court For Expeditious Trial And Disposal of Rape and POCSO Act Cases, Ranga Reddy Dist, At L.B. Nagar pending disposal of the Cnmmal Petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri GULAM RABBANI, Advocate for the Petitioner and the Sri S. Ganesh, Assistant Public Prosecutor on behalf of the Respondent No.1 and of None appeared for the Respondent No. 2.

The Court made the following: ORDER

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.36O1 ol2024 ORDER:

In this Criminal Petition, filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.J, the petitioner/accused is challenging the order, dated 04.03.2O24 passed by the Court of Fast Track Special Court for Expeditious Trial and Disposal or Rape and POCSO Act Cases, Ranga Reddy District at L.B. Nagar in Crl.M.P.No. 38 of 2024 in S.C. Spl. No. 247 of 2019. By th,e impugned order, the application hled by the petitioner under Section 3l 1 Cr.P.C. to recall P.W.6 for further cross-examination was dismissed.

2.

Heard Sri Gulam Rabbani, learned counsel for the petitioner and Sri S. Ganesh, learned Assistant Public Prosecutor for respondent No. 1 - State.

3.

A perusal of the impugned order shows that on 17.O1.2O24, P.W.6 was cross-examined, but due to non-representation of the counsel for the petitioner on that day, the were already examined at I I length by the Iearned counsel representing the learned senior counsel appearing for the petitioner and certain crucial questions were not put to P.W.6 which are relevant to elicit real facts with regard to the subject offence and to prove the innocence of the petitioner, therefore, lr

.':i P.W.6 may be recalled for the purpose of further cross-examination by the petitioner 4.

Having regard to the fact that p.W.6 was examined on 17 .O1.2O24 and also considering the submission of the learned counsel for the petitioner, to give one more opportunity to the petitioner, this Court is inclined to allow the petition on payment of costs of Rs.2,0O0/- ro pW.6.

5.

Accordingly, the Criminal petition is allowed setting aside the order of the trial Court dated O4.O3.2O24 Crl.M.p.No. 3g ot 2024 in S.C. Spl. No.247 of 2019. Consequently, Crl.M.p. No. 38 of 2024 in S.C. Spl. No. 247 of 2079 stands allowed. The trial Court is directed to permit the petitioner to cross-examine p.W.6 on payment of costs of Rs.2,OOO/- to PW.6. However, the petitioner is directed to cross_ examine P.W.6 on the date hxed by the trial Court without seeking any further adjournment. Miscellaneous applications, if any pending, shall also stand closed.

Sd/- A" PRATHIMA ASSISTANT REGISTRAR //TRUE COPY// To, sEcTtoN oFFtcER

1. The Fast Track Special Court For Expeditious trial And Disposal of Rape and FOC SU Act Cases, Ranga Reddy Dist, At L.B. Nagar.

2. The Station House Officer, Rachakonda Commissionerite, Balapur police Station.

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

4. One CC to SRl. GULAM RABBANI, Advocate [OpUC]

5. Two CD Copies DI/PSR !':,-

HIGH COURT DATED:0110412024 -*a i.-** !rlI t l\il

ORDER

\ s ,,.;| CRLP.No.360'| of 2024 ALLOWING THE Crl.P.

shlrrt 4b