This order disposed of a criminal petition filed under BNSS 528 seeking to quash a trial court''s order permitting witness recall. The High Court held the recall was necessary for further probing and dismissed the petition.
Criminal Petition No. 10207 of 2024 under Section 528 of BNSS was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
l
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE K. SUJANA
CRIMINAL PETITIO N NO: 10207 OF 2024
Between:
The State of Telangana, through the Station House Officer, ChandrugondaP-S., Bhadradri Kothagudem District, Rep. by The Public Prosecutor,High Court for the State ofTelangana. Hyderabad 500 066.
... Petitioner/Complainant.
AND
Sayyad Lalu @ Lamiya,, S/o. Sayyad Saidu @ Saidu Miya @Hussain, 40 years, Occ Lorry Cleaner/Coolie, R/o. Thippanapalli Village of ChandrugondaMandal.
... Respondents/Accused
Petition under Section 528 of B.N.S.S.praying that in the circumstances stated in the Memorandum of Grounds of CriminalPetition, the High Courtmay be pleased to Quash the Orders dated 154.2024passed by the I Additional District and Sessions Judge, Kothagudem in Crl.M.P.No.39712023in S.C POCSO No.7512023.
l.A. NO: 1OF 2024
Petition under Section 482 ot Cr.P.Cpraying that in thecircumstances stated'in the Memorandum of Grounds of Criminal Petition, theHighCourtmay be pleased to suspend the Orders, dated 15.4.2O24passed bythe I Additional District and Sessions Judge, Kothagudem in Crl.M.P.No.39712023 in S.C POCSO No.75t2023.
This Petition coming on for hearing, uponperusing the Memorandumof Grounds of Criminal Petition and upon hearing theargumentsof Sri Arun Kumar Doddla, Addl. Public Prosecutor(TG), for thePetitioner and none appeared on behalf of the Respondent. '
The Court made the following: ORDER
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.1O2O7 OF 2ol24
ORDER:
This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') to quash the docket order dated 15.04.2024 passed in Crl.M.P.No.397 of 2023 in S.C.POCSO.No.75 of 2O2ii by the learned First Additional District and Sessions Judge, Kothagudem.
2
SKS,J Cd.P.No.1o2o7 of2024
/)
3
SKs,J Crl.P-No 10207 of 2024
necessary. Hence, this Court does not find any meri., in the criminal petition to interfere with the order of the trial Court
and the same is liable to be dismissed.
Miscellaneous applications, if any pending, shall also
stand closed.
Sd/- V. HARI PRASAD ASSISTANT REGISTRAR it
//TRUE COPY//
SECTION OFFICER
To
YJR /gh
(/l\v
I
I
HIGH COURT
DATED:0 310912024
t r-'<br>;,r:,1
{'
d
ORDER
CRLP.No.10207 ot 2024
DISMISSING OF THE CRL.P.
/^
e)Kru
3 issues framed by the court
Whether to quash the trial court''s permit to recall witnesses for further cross-examination.
Whether the trial court didn''t record reasons in allowing the recall petition.
Whether public prosecutor has meritorious ground to disturb trial court''s order.
2 provisions across 2 enactments
State of Telangana
Sayyad Lalu @ Lamiya
Justice K. Sujana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
