Boya Sunkanna , Bodenna, v. The State Of Ap Rep By Its Pp Hyd., And 12 Others,

SMT JUSTI CE T. RAJANI CRI MI NAL PETI TI ON No.5 0 1 0 of 2 0 1 1 ORDER:

This petition is filed, seeking to set aside the order, dated 11.04.2011, passed in C.C.No.336 of 2009 on the file of the Special Judicial Magistrate of First Class (Mobile Court) Kurnool. The offences alleged are under Sections 147, 148, 326 r/ w 149 IPC. By virtue of the said order, the court below dismissed the petition, which was filed by the petitioner to recall PW13.

2.

Heard the counsel for the petitioners and the Public Prosecutor appearing for the 1st respondent as well as the counsel for the other respondents.

3.

The counsel for the other respondents submits that the cause in this petition does not survive in view of dismissal of Crl.P.No.5011 of 2011.

4.

This court also opines that when the purpose for recalling the witness is to mark the documents and when the petition filed to call for the documents is dismissed, the question of recalling the witness does not arise and hence, the cause in this petition no longer survives for consideration.

5.

Accordingly, the Criminal Petition is dismissed. Interim stay granted by this court on 23.06.2011 in Crl.P.M.P.No.5065 of 2011 shall stand vacated.

As a sequel, the miscellaneous applications, if any pending, shall stand closed.

_ _ _ _ _ _ _ _ _ _ T. RAJANI , J August 23, 2018 LMV