Mogili Ajay vs State of A. P. - 2022 Supreme(AP) 1064

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(AP) 1064

NINALA JAYASURYA
Mogili Ajay – Appellant
Versus
State of A. P. – Respondent

Advocates appeared:
V.Mallik, Advocate

JUDGMENT

1. The present Criminal Petition is filed seeking to quash the Order dtd. 29/4/2022 passed in Criminal Miscellaneous Petition No.1010 of 2022 in C.C.No.3042 of 2021 on the file of the Court of Special Judicial Magistrate of First Class (P&E)-cum-VIII Additional Metropolitan Magistrate & VIII Additional Junior Civil Judge, Visakhapatnam.

2. The petitioners herein are accused 4 to 6 in the above referred Calendar Case, which was registered for the offence under Sec. 34(a) of A.P.Excise(Amendment) Act, 2020. They filed the above mentioned Miscellaneous Petition seeking to recall P.Ws.1 to 4 as the counsel for the petitioners could not cross examine the said witnesses. The respondent-State opposed the said petition and by the impugned Order, the same was dismissed. Hence, the present quash petition.

3. The learned counsel for the petitioners submits that the counsel for the petitioners/accused 4 to 6 appearing in the Trial Court was suffering from ligament injuries and therefore, he could not attend the Court, as a result of which, cross examination of P.Ws.1 to 4 could not be conducted. The learned counsel submits that in fact the prosecution witnesses were not present on severa

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