Allowed¶44

Pathuri Jaswanth v. the State of Ap

Andhra Pradesh HC4 Mar 2025CRLP/1452/2025

Case brief

AI extract

What is this about?

Recall of prosecution witness PW.7 (Medical Officer) for further cross-examination; dismissal of Section 311 Cr.P.C application (Crl.M.P.No.737/2024 in SC.No.270/2023) by Special Court for Trial of Offences Against Women, Guntur, set aside by Andhra Pradesh High Court under Section 528 BNSS / Section 482 Cr.P.C; accused charged under Sections 366, 376, 417, 506 read with Section 34 IPC; single judge Harinath.N; order dated 05.09.2024; decision 05.03.2025; Criminal Petition No. 1452 of 2025.

What did the court decide?

Impugned order dated 05.09.2024 in Crl.M.P.No.737 of 2024 in SC.No.270 of 2023 set aside; trial Court directed to recall PW.7 for further cross-examination by counsel for accused No.1; pending miscellaneous petitions, if any, stood closed. ¶44

Pathuri Jaswanth Vs the State of Ap — Andhra Pradesh HC (2025) — LawSathi Research

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE HARINATH.N

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CRIMINAL PETITION NO: 1452 OF 2025

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Between:

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Pathuri Jaswanth, S/o.Thomas, aged about 30 years, Employee, R/o.Niddamarru Road, Beside IDBI Bank, Mangalagiri,^Guntur.

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...Petitioner/Accused (A1)

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AND

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The State of AP, Through SHO, Tadepalli PS, Guntur District, Andhra Pradesh Rep. by its Public Prosecutor, High Court of Andhra Pradesh, at Amaravathi.

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...Respondent

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Jeedipalli Kusuma, D/o.Viswa Chandra Rao, aged about 28 years. Employee, R/o.Door No.5-321/3, Near Indira Gandhi Statue, Muggu Road, Tadepalli Town and Mandal, Guntur District, Andhra Pradesh.

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...Respondent/Defacto Complainant

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Petition filed under Section 528 of BNSS and 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 quash the CrI.M.P.No.737/2024 under section 311 Cr.P.C in SC.No.270/2023 on the

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file of V Additional Sessions Judge-cum-Speciai Court tor Triai of Offences against Women, Guntur Order dated 05.09.2024.

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This Petition coming on for hearing, upon perusing the Memorandum

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of Grounds of Criminal Petition and upon hearing the arguments of Sri Koduru Bujji Babu, Advocate for the Petitioner and the Assistant Public

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Prosecutor on behalf of the Respondent No.1

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The Court made the following:

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APHC010067442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3457]

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WEDNESDAY ,THE FIFTH DAY OF MARCH

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TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE HARINATH.N

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CRIMINAL PETITION NO: 1452/2025

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Between:

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Pathuri Jaswanth

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...PETITIONER/ACCUSED

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AND

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The State Of Ap and Others

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...RESPONDENT/COMPLAINANT(S)

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Counsel for the Petitioner/accused:

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1.KODURU BUJJI BABU

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Counsel for the Respondent/complainant{S);

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1. PUBLIC PROSECUTOR

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The Court made the following Order:

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The petitioner is challenging the order dated 05.09.2024 passed by the learned V Additional Sessions Judge -^cum Special Court for Trail of Offences Against Women, Guntur, in Crl.M.P.No.737 of 2024 in SC.No.270 of 2023, whereby the petition seeking to recall PW.7 for further cross-examination^was dismissed.

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Learned counsel for the petitioner/accused No.1 submits that PW.7 is the Medical Officer, and that learned^{counselforthe} petitioner failed to put forth certain questions to the Medical Officer and the same would be determinant to the case of the petitioner.

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Learned Sessions Judge has held that learned counsel^for the petitioner adequately cross-examined PW.7 and that the evidence was perused by the learned Sessions Judge.^Onthat ground, the learned Sessions Judge has dismissed the petition.

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Learned counsel for the petitioner submits that medical examination report is important, more so when the petitioner^is charged with offences punishable under Sections 366, 376, 417, 506 read with Section 34 of IPC.

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In these facts and circumstances, this Court deems it appropriate to set aside the order dated 05.09.2024 passed by the learned V Additional Sessions Judge - cum - Special^Court for Trail of Offences Against Women, Guntur, in Crl.M.P.No.737 of 2024 in SC.No.270 of 2023 and the same is accordingly^set aside.

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Consequently, the present Criminal Petition is allowed,^and the trial Court is directed to recall PW.7 for further crossexamination by the learned counsel for the petitioner/accused No.1.

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Pending miscellaneous petitions, if any, shall stand^closed.

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To,

//TRUE COPY//

Sd/- A VENUGOPALA RAO ASSISTANT REGISTRAR ^ %

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SECTION OFFICER