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2022 DIGILAW 241 (AP)

Pratap Singh v. State of Andhra Pradesh

2022-02-28

D.RAMESH

body2022
JUDGMENT D. Ramesh, J. - The present criminal petition is filed seeking to set aside the orders dated 21.02.2022 passed in Cr.M.P.No.14 of 2022 in S.C.No.3 of 2018 on the file of VII additional Sessions Judge, Vijayawada and consequently recall and permit the petitioners herein to further cross-examine PW.73 in S.C.No.3 of 2018. 2. The petitioners herein filed petitioner under section 311 of Cr.P.C. before the court below seeking permission to recall and further cross-examine PW.73 on 12.01.2022 and it was dismissed vide orders dated 22.02.2022 passed in Crl.M.P.No.14 of 20222 in S.C.03 of 2018, which reads as follows: ' ... a reading of the deposition shows that there is considerable force in the contention of the prosecution that the witness was cross-examined at length with regard to identity of weapons, place of recovery and topography of place of recovery of the material objects. There is no dispute about the fact that this case was directed by the Hon'ble Court to be disposed off expeditiously and the petitioners were granted bail in Criminal Petition No.6474/2021, if the trial is not concluded by the end of February, 2022. In view of the aforesaid circumstances, I do not find any merit in the petition and it is liable to be dismissed.' 3. Learned counsel appearing on behalf of the petitioners have submitted that on that particular day their witnesses were examined, however, by oversight they have not able to cover certain points with regard to material aspects, in the cross-examination of PW.73, thereby sought some time to complete the cross-examination. 4. Considering the submissions made by the learned counsel for the petitioners and in view of the directions of this Court in Criminal Petition No.6474 of 2021, prosecution is directed to produce PW.73 in S.C.No.3 of 2018 on the file of VII additional Sessions Judge, Vijayawada on 03.03.2022 to enable the petitioners to cross-examine PW.73, which shall be completed within half an hour, on such date. 5. accordingly, the Criminal Petition is disposed of. 6. as a sequel, pending miscellaneous petitions, if any, shall stand closed.