In CR.P. 10309/2024, the Telangana High Court allowed a petition under Section 528 BNS/Section 311 CrPC to recall witnesses for cross-examination, setting aside the trial court order and directing a date for such examination.
Petition allowed; order dated 22.08.2024 set aside; trial Court to permit petitioner to cross-examine PWs 1 and 2 on a fixed date.
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.
IN THE HIGH COURT FORTHE STATEOF TELANGANAAT HYDERABAD
WEDNESDAY. THE FOURTHDAYOF SEPTEIVBER TWO THOUSAND AND TWENTYFOUR
PRESENT
THE HONOURABLE SMT JUSTICEK. SUJANA
CRIMINAL PETITION NO: 10309 OF 2024
Between:
Jinka Raiu, S/o Yellam,Age-29 years, Occ- PvtJob, R:/o-F.No-61 20, Janapriya Mahanagbr.Balapur X Roads,lvleerpet, R-R.Dist
... Petitioner/Accused
AND
The State of Telangana,Rep. by its Public Prosecutor,High court complex, High Court, at Hyderabad throughP.S Meerpet Hyderabad
...Respondent
Petition under Section 52SoF B.N.S.S. praying that in the circumstances stated in the Memorandumof Groundsof criminalPetition,the High court may be pleased toquash the impugned order dated 2210812024 passed in crl MP No 460 0f 2024 in s.c. SPL No1117 0f 2018 0n the file of the courtof the Fast Track Spl. Judge forTrail and Disposalof Rape and POCSOAct Cases, R'R' Dist at L.B Nagar.
r.A. NO 1 0F 2024
Petition under section 482 of Cr.P.Cpraying that in the circumstances stated in the Memorandum of Groundsof criminalPetition,the High court may be pleased to stay ofproceedings in S.C. SPL No1 1 '17 of 2018 by the Honorable the Fast Track spyJudge for Trailand Disposalof Rapeand Pocso Act cases, R.R. Dist at L.B Nagar.
This Petition coming onfor hearing, upon perusing the Memorandumof Grounds of Criminal Petitionand upon hearingthe argumentsof Sri Varun Kumar E, Advocatefor the Petitionerand Sri E.Ganesh,Asst' Public Prosecutor(TG) onbehalf of the Respondentstate.
The Court made the following:ORDER
THE HON'BLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION NO.1O3O9 OF 2024
ORDER:
This Criminal Petition is hled under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short tsNSSJ to quash the order dated 22.Oa.2024 passed in Crl.M.P.No.46O of 2024 in S.C.SPL.No. 11 17 of 2Ol8 by the Fast Track Special Judge for Trial and Disposal of Rape and POCSO Act Cases, Ranga Reddy District at L.B.Nagar.
2
7 . Having regard to the submissions made by the learned counsel for the petitioner, this Court deems it fit to give one opportunity to the petitioner to recall the evidence of Pws.1 and 2 for cross-examination.
3
also allowed. The trial Court shall permit the petitioner to cross-examine Pws. I and 2 by hxing a specilic date and petitioner is directed to cross-examine Pws. 1 and 2 on the date fixed by the trial Court and if he fails to cross-examine on the date so fixed, the petition stands dismissed.
Miscellaneous petitions, if any, pending shall stand
closed.
Sd/. V. HARI PRASAD ASSISTANT REGISTRAR
//TRUE COPYII
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SECTION OFFICER
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HIGH COURT
DATED:0410912024
ORDER
CRLP.No.10309 o12024
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CRL.P. IS ALLOWED. ffiw 'bp-D I'"Vf,
2 issues framed by the court
Whether the petitioner is entitled to recall witnesses for further cross-examination despite prior examination.
Whether the High Court should allow quashing the trial court order that dismissed the petition for recall of witnesses.
2 provisions across 2 enactments
Jinka Raiu
State of Telangana
K. Sujana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
