Mir Hasham Ali Bagri , Mir Asham Ali Barri v. The State Of Telangana,

THE HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL REVISION CASE No.966 of 2017 ORDER:

Heard the learned counsel for the revision petitioner and also the learned Public Prosecutor representing the State. 2) The impugned order is dismissal of the application for recall of PWs.1 to 4 under Section 311 Cr.P.C. on 04.01.2017 in Cr.M.P.No.2805 of 2016 in C.C.No.281 of 2009.

3) A perusal of the order vis-à-vis the material on record shows that there is no justification to recall for all the witnesses merely because there is a change in the advocate. A perusal of the evidence portion shows in the course of hearing there is some relevancy of cross examination of PW.3. 4) Accordingly and in the result, by converting the application as one under Section 482 Cr.P.C., the revision is allowed only to the extent setting aside the impugned order by permitting recall of PW.3 also in addition to PW.4, which was already allowed by the lower Court, and confirming dismissal insofar as PWs.1 and 2 are concerned.

5) Miscellaneous petitions, if any, shall also stand closed.

_______________________________ Dr. B. SIVA SANKARA RAO, J Date: 07.04.2017 ES