Butti Sudhakar Naidu v. State Of Telangana

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL REVISION CASE No.1914 of 2016 ORDER :

This Criminal Revision Case is filed under Sections 397 and 401 of the Code of Criminal Procedure (Cr.P.C.), challenging the order dated 01.06.2016, passed in Crl.M.P.No.268 of 2016 in S.C.No.624 of 2013 on the file of the Special Sessions Judge-cumVII Additional District and Sessions Judge, Mahabubnagar, wherein a petition filed for recalling PW22 was dismissed. Learned counsel for the petitioners submits that PW.22 was examined in chief on 15.02.2016 and the cross-examination of all the accused was completed by the counsels on 29.03.2016, but the counsel for petitioners/A2 and A5 did not cross examine PW.22, due to his absence on that day. Further, the cross-examination of PW.22 with regard to confession, recovery of material objects and with regard to the enmity, which is crucial part to be examined, was not done.

Hence, prays for recall of PW.22 for cross examination. It is to be noted that the learned counsel for the petitioners failed to show for what circumstances PW.22 needs to be recalled and how they are relavant for the case. The learned counsel mainly submits that the confession of accused was not put to PW.22. But the same appears to be incorrect. Further, A2 already jumped bail and his presence was secured after executing NBW. It now appears that the petitioners/A2 and A5 filed the present petition only to prolong the matter on one pretext or the other. In view of the aforesaid circumstances, the order under challenge warrants no interference by this Court. Accordingly, the revision is dismissed.

As a sequel, Miscellaneous Petitions, if any, pending in this revision shall stand closed.

_______________________ JUSTICE C. PRAVEEN KUMAR 25.07.2016.

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