THE HONOURABLE SRI JUSTICE N. TUKARAMJI

ORDER:

This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) seeking quashment of the orders dated 30.04.2025 passed in Crl.M.P.No.325 of 2025 in C.C.No.603 of 2015 pending on the file of the learned Chief Judicial Magistrate, Hydearbad against the petitioner/accused No.1.

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2. I have heard Mr.B. Yuvraj, learned counsel for petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent-State.

3. The relevant facts in brief are that, at the final stage of the trial, the petitioner/accused No.1 filed the Petition under Section 311 of the Code of Criminal Procedure (‘CrPC’) seeking to recall PW.1 for further cross-examination. The Court allowed the petition on 13.02.2025 and scheduled the matter for 20.02.2025 for cross-examination of the witness. However, the petitioner failed to utilize the opportunity on the appointed date, following which the Court closed the opportunity for cross-examination and posted the matter for arguments.

Subsequently, on 22.02.2025, the petitioner once again filed an application under Section 311 CrPC, seeking to recall