Thota Adinarayana Reddy Vs The State of Ap.

THE HON'BLE SRI JUSTICE K.C.BHANU

CRIMINAL REVISION CASE NO.189 OF 2012

ORDER:

This revision is filed under Sections 397 and 401 Cr.P.C. aggrieved by the order, dated 29-12-2011 in Crl.M.P.No.119 of 2011 in S.C.No.424 of 2010, on the file of the II Additional District and Sessions Judge, Madanapally, Chittoor District, wherein the petition filed by the petitioner-A1 under Section 311 Cr.P.C. to recall P.W.1 and permit to cross-examine him with regard to omissions and contradictions, was dismissed.

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2. It is stated by the petitioner that due to oversight, P.W.1 was not confronted with regard to some omissions with reference to the statement recorded under Section 161 Cr.P.C. For the purpose of eliciting omissions, the witness cannot be recalled unless it is shown that omission is relevant and it amounts to a contradiction. As per proviso to Section 162 Cr.P.C., an omission need not be confronted to the witness. Such of the omissions, which are material and relevant can only be questioned. What are the omissions that have not been put to the witness with reference to the earlier statement recorded under Section 161 (3) Cr.P.C. have not been stated in the petition. The petition appears to have filed as there was change of advocate. On that ground, the witness cannot be recalled. Even otherwise, the petition does not contain any reasons or omissions, which have to be put to the witness. Therefore, the trial Court rightly exercised its discretion in dismissing the petition and the same cannot be shown to be perverse or illegal.

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3. Therefore, the Criminal Revision Case is dismissed.

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______________ K.C.BHANU, J

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DATED: 15-02-2012 Hsd

Thota Adinarayana Reddy v. The State of Ap.

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Thota Adinarayana Reddy v. The State of Ap.

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