Allowed

Pogaku Laxmana Swamy @ Pogaku Laxman, v. The State of Telangana

Telangana HC24 Feb 2025CRLP/2586/2025

Case brief

AI extract

What is this about?

Accused challenged a docket order dismissing his Section 311 Cr.P.C. application to recall PWs.1 and 2 for further cross-examination in C.C.No.224/2022. The High Court allowed the petition, set aside the impugned order and directed the trial court to summon the witnesses for further cross-examination.

What did the court decide?

Impugned docket order set aside; trial court directed to issue summons to PWs.1 and 2 for further cross-examination on a specified date.

Pogaku Laxmana Swamy @ Pogaku Laxman, Vs The State of… — Quashing and FIR | Telangana HC (2025)

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13257l

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE JUVVADI SRIDEVI

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CRIMINAL PETITION NO: 2586 OF 2025

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Between:

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Pogaku Laxmana Swamy @ Pogaku Laxman, Sio. Tataiah, age 42 years, Occ. Cultivation, R/o. H.No.'13-3-114, Ashok Nagar Colony, Bhadrachalam, Bhadradri Kothagudem District, Presently residing at H.No.13-3,1 16/2, Ashok Nagar Colony, Bhadrachalam, Bhadradri Kothagudem District.

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...PETITIONER/ACCUSED

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AND

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1 The State of Telangana, rep.by its Public Prosecutor, High Court of Telangana at Hyderabad through SHO, Bhadrachalam Town PS.

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2 Smt. Kota Bhanumathi, Wo. Rama Gandhi, age 37 years, Occ. House Wife, Rio. H.No.13-3-1'12, Ashok Nagar Colony, Bhadrachalam, Bhadradri Kothagudem District.

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...RESPONDENTSiDEFACTO COMPLAINANT

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Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records pertaining to the docket order dated. 27.O1 2025 (12.02.2025) pertaining to the Crl.M.P.No.49 of 2022 in C.C.No.22412022 on the file of JFCM at Bhadrachatam and quash the same by ordering Crl.M.P No.49 of 2025.

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f .A. NO: 1OF 2025

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Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in C.C.No.224/2O22 on the flle of JFCM at Bhadrachalam, pending disposal of Quash petition.

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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 Krishna Kishore Kovvuri, Advocate for the^petitioner, public prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No. 2.

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The Court made the following: ORDER

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HON'BLE^{SMT. JUSTICE JUWADTSRTDEVI} CRIMIN^{AL PETITTO NNo.2586of2025}

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ORDER:

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Challenging^{the docket order dated27 '01 '2025 passed in} C.C.No.224of2022bythelearnedJudicialMagistrateofFirstClass atBhadrachalam,thiscriminalpetitionisfiled.Bytheimpugned order,^{the applicationfiled by the petitioner under Section311} Cr.P.C.^{to recall the evidence of P'Ws'1 and 2 for further cross-} examination^{was dismissed}

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Heard^{MrKrishna Kishore Kowuri'learned counsel for the} petitioner/accused^{and the learned Additional Public Prosecutor for} Perused^{the material on record'} the State-ResPondent

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Case^{of the} Petitioner^{is that C.C.No.224of 2022was filed} against^{him. During the course of trial' the' previous counsel for the} accused^{cross-examinedPWs' 1 and 2' however'somecrucial} points are^{omitted, which are very much related to prove their case} and for^{properadjudicationof the matter'}

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( /

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Learned^{counselfor petitioner submits that as per Section} 311 of^{Cr.P.C.,Court may at any stage of proceedings can}

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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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ln view of the said submission, to give one more opportunity to the petitioner and for proper adjudication of the matter, this . Court is inclined to allow the Criminal petition by setting aside the impugned order. The trial Court is directed to issue summons to PWs.1 and 2 by fixing a date and the learned counsel appearing for the petitioner/accused in the trial Court is directed to cross examine^pWs.l and 2 on the date specified bythe trial Court, in default, their evidence stands closed.

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o- Accordingly, this Criminal petition is allowed

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Miscellaneous applications, if any pending, shall also stand

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closed.

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Sd/- T. JAYAS EE ASSISTANT REGIS R /iTRUE COPY// SECTION FICER

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To,

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The Judicial magistrate of First Class at Bhadrachalam

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The Station House Officer. Bhadrachalam Town Police Station, Bhadradri Kothagudem.

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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 Sri Krishna Kishore Kovvuri, Advocate [OPUC]

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Two CD Copies

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HIGH COURT

DATED: 2410212025

ORDER

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CRLP.No.2586^{of 2025}

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ALLOWING^THE CRIMINAL PETIT!ON

Pogaku Laxmana Swamy @ Pogaku Laxman, v. The State of Telangana

Case brief

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What did the court decide?

Pogaku Laxmana Swamy @ Pogaku Laxman, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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