The High Court allowed a criminal petition under Section 482 Cr.P.C. exercising inherent powers to quash the trial court order dismissing an application to recall a witness for further cross-examination.
The Criminal Petition was allowed setting aside the impugned order; the trial court is directed to permit cross-examination of P.W.1 by 01.02.2024.
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.
[3385 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERBAO
WEDNESDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE K. SUJANA
CRIMINAL PETITION NO: 1703 OF 2024
Between:
Kandula Karunakar, S/o Thomas, Aged about 28 years, Occ. Coolie, Rl/o Kondapuram Village, Chilkur Mandal, Presently at Srinivas Colony, Chilkur
...PETITIONER/PETITIONER/ACCUSED
ANO
The State of Telangana, Through S.l of Police, Chilkur P.S. Rep by its Public Prosecutor, High Court of Judicature At Hyderabad
...RESPONDENT
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 Crl.Mp.No.3312024 in SC.No.274l2019, on the file of Principal Sessions Judge, Suryapet and allow the petition filed under Section 311 of Cr.P.C. by the petitioner/accused to recall of PW1 for further examination
l.A. NO: 1OF 2024
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 stay all further proceedings in SC.No.274l2019, on the file of Principal Sessions Judge, Suryapet, pending disposal of the above criminal petition
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri. J. P. SRIKANTH, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent.
The Court made the following: ORDER
\
THT HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.17O3 of 2o24
ORDER:
This Criminal Petition, hled under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.J, the petitioner/Accused is challenging the order, dated. 06.02.2024 passed by the learned Principal Sessions Judge, Suryapet in Crl.M.P.No. 33 of 2024 in S.C. No. 274 of 2019. By the impugned order, the application is frled by the petitioner under Section 31 1 Cr.P.C. to recall P.W.l for further cross-examination was dismissed.
/ I
2
/
X5W-i-r'i':
-i-r'i':
:
cross examine P. W. i and the petitioner claims to have some contradictions and omissions between the statement under Section 161 Cr.P.C and chief examination of P.W.1, in the interest of justice, this Court is inclined to allow the petition.
Miscellaneous applications, if any pending, shall also stand
closed.
Sd/- T. TIRUMALADEVI ASSISTANT EreFTRAR //TRUE COPY// sEcnolf6FFrcER
\
To, 1. The Princioal SessionsJudge, Suryapet - i iii; bi;ii"; Hori"oni""r,brritrur?6ticeslation,Suryapet District 5. r*6 ccitothe pubtic Fiosecutor, High courtfor the stateof Telangana at Hvderabad. [OUT]
iil"-
HIGH COURT
DATED: 1410212024
ORDER
e s iA i-F O5
{
q
c< ;1
f,oo 1$ Ft'i ?!ii<br>.7
! r r r',;
GRLP.No.I703 of 2024
ALLOWING THE
GRIMINAL PETITION
\b
2 issues framed by the court
Whether the High Court should quash the trial court order dismissing an application to recall a witness under Section 311 Cr.P.C.
Whether the High Court can exercise its inherent powers under Section 482 Cr.P.C. to permit the petitioner to recall P.W.1 for further cross-examination.
3 provisions across 1 enactments
Kandula Karunakar
The State of Telangana
K. Sujana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
