Damarla Srinivasa Rao , Srinu , Srinivas v. The State Of A.P

HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD Crl.R.C.No.2266 of 2018 ORDER:

This revision is arising out of order dated 08.08.2018 passed in Crl.M.P.No.671 of 2018 in S.C.No.302 of 2014 by the Mahila Sessions Judge, Vijayawada.

2. The revision petitioner is the accused in S.C.No.302 of 2014. He filed application under Section 311 of Criminal Procedure Code before the trial Court to recall PWs.1, 6, 9 and 14 for cross-examination. The said petition was allowed in part and declined the request of recalling of the witnesses i.e., PWs.1, 6 and 14. Aggrieved by the same, the petitioner/ PW.1 has preferred the present revision.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor for the respondent-State.

4. Learned counsel for the petitioner submits that evidence of the witnesses PWs.1 and 6 is required for the just decision of the case.

5. Learned Public Prosecutor opposed for recalling of witness PWs.1, 6 and 14 as they were already examined by the defence counsel elaborately. The trial Court also mentioned in para-10 of its order that PWs.1, 6 and 14 were elaborately cross-examined by the defence counsel and there

is no purpose for further cross-examination of the said witnesses.

6. In view of the reasons mentioned in the impugned order, there are no grounds for recalling of the witnesses PWs.1, 6 and 14.

7. Finding no merit in the instant revision case, the same is accordingly dismissed.

Miscellaneous Petitions, if any pending, shall stand closed.

________________________________ GUDISEVA SHYAM PRASAD, J.

Date : 29-11-2018.

Gvl