Allowed

M.v.Praveen Kumar v. Ch.Narsimha Reddy

Telangana HC23 Aug 2018CRLP/4973/2018

Case brief

AI extract

What is this about?

The court allowed a criminal petition under Section 482 Cr.P.C. quashing an order dismissing a petition for recall of a witness. Relying on the respondent's concession to recall the witness, the court set aside the lower court's order and directed recall of P.W.1 for cross-examination.

What did the court decide?

Quashed the order dated 18.04.2018 allowing recall of P.W.1 for cross-examination.

M.v.Praveen Kumar Vs Ch.Narsimha Reddy — Civil Procedure and Limitation | Telangana HC (2018)

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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO.4973 OF 2018

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ORDER :

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This criminal petition is filed under Section 482 of Criminal Procedure Code (for short “Cr.P.C.”) questioning the order dated 18.04.2018 passed in Crl.M.P.No.71 of 2018 in C.C.No.38 of 2016 on the file of the Special Magistrate Court – V, Hyderabad, whereby the petition filed under Section 311 of Cr.P.C. was dismissed.

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The petitioner herein filed Crl.M.P.No.71 of 2018 in C.C.No.38 of 2016 under Section 311 of Cr.P.C. to recall P.W.1 for crossexamination on the ground that Crl.M.P.No.2073 of 2016 filed before the Court below to club the another C.C. along with C.C.No.38 of 2016 to conduct joint trial was dismissed on 17.01.2017 and the R.P.No.52 of 2017 preferred against the said order was dismissed by the Metropolitan Sessions Judge, Nampally. Thereafter, petitioner filed Criminal Petition No.2081 of 2017 before this Court and the same was dismissed. Therefore, the petitioner is not at all responsible for not proceeding with the trial and sought to allow the petition.

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Learned counsel for the respondent No.1 agreed to recall P.W.1 for cross-examination and to proceed further from the stage, where the proceedings are stopped.

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In view of the concession given by the learned counsel for the respondent No.1, I deem it appropriate to permit the petitioner herein to recall P.W.1 for cross-examination. Therefore, order dated 18.04.2018 passed in Crl.M.P.No.71 of 2018 in C.C.No.38 of 2016 by the Special Magistrate-V, Hyderabad , is liable to be set aside.

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MSM,J Crl.P_4973_2018

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In the result, the criminal petition is allowed. The order dated 18.04.2018 passed in Crl.M.P.No.71 of 2018 in C.C.No.38 of 2016 by the Special Magistrate-V, Hyderabad is hereby quashed. Crl.M.P.No.71 of 2018 in C.C.No.38 of 2016 is allowed and the Court below is directed to recall P.W.1 for cross-examination. No costs.

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The miscellaneous petitions pending, if any, shall also stand closed.

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_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

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23.08.2018 Ksp

M.v.Praveen Kumar v. Ch.Narsimha Reddy

Case brief

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What did the court decide?

M.v.Praveen Kumar v. Ch.Narsimha Reddy

Case brief

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What did the court decide?

What the court decided

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