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2017 Supreme(AP) 546

A.SHANKAR NARAYANA
K. Vittala Rao – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates Appeared:
For the Appellant : Sri Butta Vijaya Bhasker, Counsel

ORDER :

Sri A. Shankar Narayana, J.

1. Assailing the order, dated 30.09.2016 in Crl. M.P. No.11 of 2016 in Sessions Case No.129 of 2013 on the file of the II Additional Sessions Judge, Adoni, passed by its Full Additional Charge Court i.e., IV Additional Sessions Judge, Kurnool, the petitioners, who are arraigned as accused Nos.1 to 3, request to exercise the power under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code') to set aside the order and to afford a chance to them to recall P.Ws.1 to 3 and 5 and to cross-examine them further.

2. The petitioners are being prosecuted by the State for the charges under Section 304B and 498A read with Section 34 IPC.

3. The only ground, on which such a request was made before the learned II Additional Sessions Court is, that the petitioners engaged a new advocate in place of the advocate who cross-examined the witnesses, but the new advocate at the stage of examination under Section 313 of the Code found that the earlier counsel for the petitioners could not cross-examine the witnesses on the aspect of harassment meted out to the deceased in the hands of petitioners and, therefore, it is just and necessary to cross-examine


















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