THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL CRIMINAL PETITION No.15620 of 2024

ORDER:

This criminal petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’) seeking to quash the proceedings against the petitioner by setting aside the order dated 09.12.2024 passed in Crl.M.P.No.99 of 2024 in S.C.No.8 of 2016 by the X Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar. By the impugned order, the petition filed under Section 311 of Cr.P.C. to recall the evidence of PW.3 for marking the documents, was dismissed.

2. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor appearing for the respondent -State.

Perused the record.

3. Learned counsel for the petitioner submitted that recalling of evidence of PW.3 is necessary for eliciting the facts of the case in respect of owner of the auto bearing No.AP 23 Y 4795 and details of driving licence of PW.3. He further submitted that the trial Court has erroneously dismissed the petition without considering the facts of the case. Hence, he prayed the Court to allow the Criminal Petition.

4. On the other hand, learned Assistant Public Prosecutor for respondent-State opposed the submissions of the learned counsel for the petitioner stating that the petitioner committed heinous crime. He further submitted that ample opportunity has been given to the petitioner to cross examine the witnesses. He also submitted that the petitioner may tamper the evidence by harassing the witnesses under the guise of cross-examination.

Hence, he prayed the Court to dismiss the Criminal Petition.

5. In view of the rival submissions made by both the parties, this Court has perused the material available on record. It is apparent that PW.3, who is circumstantial witness, in his cross examination, deposed that he is having mechanic shop. It is noteworthy that the said auto stands in the name of one Talari Ramulu as per the document submitted by the learned counsel for the petitioner and the driving license which was issued on 24.08.2021 is valid up to 24.03.2033. Pertinently, the petitioner committed heinous offence and the petitioner may hamper the evidence by threatening the witnesses under the guise of cross- examination. Hence, considering the peculiar facts and circumstances of the case, this Court is of the opinion that there is no illegality or irregularity in the impugned order passed by the trial Court and the Criminal Petition is liable to be dismissed.

6. Accordingly, the criminal petition is dismissed.

Pending miscellaneous applications, if any, shall stand closed.

____________________________ JUSTICE E.V.VENUGOPAL Dated: 27.12.2024 Gv/gms