K.V.Narsimha Murty v. The State Of Telangana

[ 3251 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY ,THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL P NO: 3265 OF 2023 Between K.V.Narsimha Murty, S/o. V_enkanna, Aged. 35 years, occ. Labour, Rl/o. Kothapet, Kodduru, West Godavari, A.P.

AND ...PET|T|ONER/ACCUSED The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad. RESPON DENT/COM PLAI NANT 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 set aside the order passed in Crl.tr/.P.No.33/2023 in SC. No. 3gSt2O23 on the file of Special Sessions Judge for Fast Tracking the Cases relating to Atrocities against Women- l-Cum-X Addl. Metropolitan Sessions Judge, Hyderabad by directing the trail court to recall the PW-1 for further cross examination by the Petitioner in the above said case. l.A. NO: 1 OF 2023 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 further proceedings including the appearance of the petitioner/Accused in S.C No. 385 of 2023 on the file of special sessions judge for fast tracking the cases relating to atrocities against women - t cum - X AOO;. metropolitan sessions judge, Hyderabad, pending disposal of the Criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminat Petition and upon hearing the arguments of Sri MOHD MUZAFFER ULLAH KHAN, Advocate for the Petitioner and the Additional public Prosecutor on behalf of the Respondent.

The Court made the following: ORDER t

THE HONOURABLE SRI JUSTICE K.SUR.ENDER qRIMINAL NO.3265 0F 2023 ORDER:

The criminal petition is filed under Section 4g2 of t]ne code of criminal procedure (for short ,cr.p.c.) by the petitioner/accused aggrieved by the order dated 1s.03.2023 in crl.M.P.No.33 of 2023 in S.c.No.3g5 of 2023 passed by the learned special Sessions Judge for Fast Tracking the cases relating to Atrocities against women - I - cum - x Additional Metropolitan Sessions Judge, Hyderabad.

2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for respondent - state. perused the material on record.

3. The petitioner is questioning the dismissal of an application, which is filed under section 311 of cr.p.c. The case of the prosecution is that the petitioner had committed rape on the victim, who is examined as pwl. The learned sessions Judge found that there are no specific reasons for recalling the pWl for cross examlnation, hence, the petition was dismissed.

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Learned counsel for the petitioner has submitted that the entire allegation rests on the fact that rape was committed in Hyderabad. However, no questions were asked regarding their stay in Hyderabad and events that transpired 1n Hyderabad. The witne'ss was examined on 19.01 .2023 and on the very same day cross examination was also conducted. If P.W.l is cross-examined, the same would be helpful to the petitioner to overcome the allegations of rape. 5.

Keeping in view the arguments made by the learned counsel for the petitioner, this Court is inclined to give a chance to the petitioner to cross examine the victim. However, petitioner shall pay an amount of Rs.15,OOO/- towards costs to Pwl and the cross examination shall be concluded on the very same day on which date PWl appears.

6.

With the above observation, the Criminal petition is disposed of.

Miscellaneous applications pending, if any, shall stand Sd/. C. PRAVEEN KUMAR ASSISTANT REGIST,,RAR qr SECTION OFFICER i li liII i!

//TRUE COPY// To,

1. The Special Sessions Judge for Fast Tracking the Cases relating to Atrocities against Women- l-Cum-X Addl. Metropolitan Sessions Judge, Hyderabad i

2. The Station House Officer, Gopalapuram Police Station' Hyderabad District' .9. Two CC to the Prblic ;;.1 : Hyderabad. IOUTI Prosecutor, High Court for the State of Telangana at

4. One CC to Sri Mohd lMuzafferullah Khan, Advocate [OPUC]

5. Two CD Copies / ./ BJLB I* ,t t*!1,;:,.

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f a HIGH COURT DATED:31 10312023

ORDER

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CRLP.No.3265 o12023 CRIMINAL PETITION IS DISPOSED OFF