B. V. L. N. CHAKRAVARTHI
Pattivada Balaji – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
1. Heard Smt. Vallabhaneni Sireesha, learned counsel representing Sri Srinivasa Rao Velivela, learned counsel for the petitioner and Sri Y.Jagadeeswara Rao, learned Special Assistant Public Prosecutor representing respondent.
2. This criminal petition is filed under Sec. 482 of the Code of the Criminal Procedure, 1973 (for brevity "CrPC") to quash the Order, dtd. 20/2/2020 rendered by XIV Additional Metropolitan Magistrate, Nandigama in Crl.M.P.No.3828 of 2019 in C.C.No.694 of 2018.
3. The contention of the petitioner is that the impugned order is not maintainable in law as the learned Magistrate did not consider the fact that the prosecution is trying to fill up the lacunae in their case during the trial by introducing new witnesses.
4. The learned Special Assistant Public Prosecutor contends that the proposed witnesses are not new witnesses and they were examined by the police during investigation of the case and their statements were also recorded under Sec. 161 CrPC., but due to inadvertently, their names were not mentioned in the list of witnesses filed with the Police Report (charge sheet) and therefore, only to assist the Court to arrive at a just decision, the prose
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