Disposed

Dandem Uday Kumar v. The State of Telangana

Telangana HC18 Nov 2024CRLP/13201/2024

Case brief

AI extract

What is this about?

The accused challenged the dismissal of his Section 311 Cr.P.C. application to recall five prosecution witnesses for further cross-examination in a rape/POCSO sessions case. Finding the application lacked convincing reasons, the High Court granted liberty to file a fresh application stating extraordinary reasons and disposed of the petition.

What did the court decide?

Liberty granted to file a fresh Section 311 Cr.P.C. application mentioning extraordinary reasons for recalling PWs 1 to 5; miscellaneous applications closed.

Dandem Uday Kumar Vs The State of Telangana — Criminal Trial and Appeal | Telangana HC (2024)

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132s71

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY, THE EIGHTEENTH DAY OF NOVEIUBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOUR,ABLE SMT JUSTICE JUWADI SRIDEVI

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CRIMINAL PETITION NO: 13201 OF 2024

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Between:

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pan{gt_UOa.V Kumar, S/o_Balraj, Aged 28 years, Occ: Hotel Business, R/o Door No. 3068, Block No.^'1 3'o _Flo6r, Janef,riya Apartment Saroor Nagar Mandal, Ranga Reddy Dist. Native of Solipuram Viilage,'Tharigoppula Mandii, .lu*guon District.

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AND

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...PET|TIONER

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The State of Telangana, Rep. by its Public prosecutor, High Court of Telangana, Hyderabad.

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...RESPONDENT

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Petition under 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 order dated 16. 10.2024 passed in cRL. rrl. p. lto. so+ of 2024 in s.c.No. 49 ot 2021 , on the file of the court of Fast Track special Judge for Trial and Disposal of Rape and pOCSO Act Cases, Ranga Reddy District at L.B. Nagar and further may be pleased to direct the Trial court to recall the PWs. 1 to 5 for further cross examination to confront the letter dated 25.06.2020.

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l.A. NO: 1 OF 2024

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Petition under Section 482 of Cr.P:C., praying that in tlre circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to Stay all further proceedings in S.C.No. 49 of 2021 , on the file of the Court of Fast Track Special Judge for Trial and Disposal of Rape and pOCSO Act Cases, Ranga Reddy District at L.B. Nagar.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K SAI BABU, Advocate for the Petitioner and the Public Prosecutor for the State of relangana on behalf of the Sole Respondent.

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The Court made the following: ORDER

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I i

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HON'BLE SMT. JUSTICE JU\ryADI SRIDEVI

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CRIMINAL PETITION No.13201 of 2024

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ORDER:

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Challenging the order dated 16.10.2024 passed ln Crl.M.P.No.504 of 2024 in S.C.No.49 of 2021 by the le,rrned Fast Track Special Judge for Trial and Disposal of Rape and POCSO Act Cases, Ranga Reddy District at L.B. Nagar, this criminal petition is filed. By the impugned order, the application filed by the petitioner under Section 311 Cr.P.C. to recall the evidence of P.Ws.l to 5 for further cross-examination was dismissed.

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Heard the learned counsel for the petitioner/accused and the learned Additional Public Prosecutor for the StateRespondent. Pertrsed the material on record.

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Case of the petitioner is that S.C.No.49 of 2021 was filed

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against him and during cross examination of PWs.l to 5, learned counsel for petitioner has not questioned PWs.l to 5 on some

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crucial points, which is essential for proper adjudication of the

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matter.

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Learned counsel for petitioner submits that as per Section

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31 1 of Cr.P.C., Court may at any stage of proceedings can re-summon any person, if his evidence appears to be essential for just decision in the case. Hence, prayed to allow the petition.

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5 On the other hand, learned Additional public prosecutor submitted that since the petitioner failed to point out any extraordinary circumstances that would justify recalling witnesses, he prayed to dismiss the petition.

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A perusal of the record discloses that the petitioner has filed an application under Section 311 of Cr.p.C. before rhe trial Court without mentioning any convincing or valid reasons for reopening the evidence of pWs.l to 5. Therefore, this Court is of the considered view that justice would be served if

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liberty is granted to the petitioner to file a fresh application under Section 311 of Cr.p.C. mentioning the extraordinary

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reasons for recalling PWs.l to 5 for further cross-examination,

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in which event, the same shall be considered by the trial Court,

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on its own merits, in accordance with law, without being

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prejudiced by the earlier dismissal order.

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Accordingly, this Criminal Petition is disposed of.

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Miscellaneous applications, if any pending, shall also

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stand closed.

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Sd/. MOHD. ISMAIL ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

The Fast Track Special^{Judge for Trial and Disposalof Rape and POCSO} Act Cases, Ranga Reddy^{Districtat L. B. Nagar}

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The Station Houie^{Officer, Saroomagar Police Station, Ranga Reddy District}

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Two CCs to the^{Public Prosecutor, High court for the State of Telangana at} Hyderabad (OUT)

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One CC to SRl. K SAI^{BABU, Advocate} [OPUC]

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Two CD CoPies

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HIGH COURT DATED:1 811112024

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ORDER GRLP.No.13201 ot 2024

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DISPOSED OF THE CRL.PETITION

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Dandem Uday Kumar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Dandem Uday Kumar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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