THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA

CRIMINAL PETITION No.11083 of 2025

ORDER

This Criminal Petition is filed under Section 528 Bharatiya

Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner/accused seeking to set aside the docket order dated 19.02.2025 passed in Crl.M.P.No.14 of 2025 in S.C.POCSO.No.63 of 2023 on the file of learned Special Sessions Judge for Trial of Cases under Protection of Children

from Sexual Offences Act, Warangal.

2. Heard Sri K.Narender, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public

Prosecutor appearing for the respondent-State.

3. Learned counsel for the petitioner submitted that a petition was filed under Section 311 Cr.P.C. to recall PW1 for cross- examination, but the same was dismissed by the trial Court. He

therefore prayed that the said order be set aside.

4. Learned Additional Public Prosecutor submitted that once the victim has been cross-examined at length by the counsel, the

petitioner is not supposed to recall the witness under Section

33(5) of the POCSO Act.

5. The record reveals that PW1, who is the victim, has already been cross-examined. Thereafter, a petition under Section 311 Cr.P.C. was filed. The trial Court observed that the victim had been cross-examined at length by the counsel for the accused, and that the ground of compromise raised by the petitioner was not a sufficient reason to recall a witness, particularly one who is a victim under the POCSO Act. The said order is found to be based on sound reasoning.

6. Learned counsel for the petitioner relied upon the judgment in Vineeth v. State of Kerala, MANU/KE/3611/2022, wherein the statements under Section 164 Cr.P.C. were not made available to the petitioner, and hence the recall of the witness was found to be justified. However, in the present case, the statements under Section 164 Cr.P.C. form part of the record, and it is evident that the victim was already cross-examined at length. Therefore, the orders passed by the trial Court do not suffer from any infirmity and are liable to be upheld.

7. Accordingly this Criminal Petition is liable to be and is accordingly dismissed.

8. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

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JUSTICE TIRUMALA DEVI EADA

29.08.2025 lk