THE HON’BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION NO.3840 OF 2025

ORDER:

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) to set aside the order dated 04.03.2025 in Crl.M.P.No.361 of 2025 in C.C.No.953 of 2022 on the file of II-Additional Judicial Magistrate of First Class at Wanaparthy.

2. Crl.M.P.No.361 of 2025 was filed by the prosecution to recall Pw.1 and also to receive the documents in evidence. The respondents/accused opposed the said petition by filing counter stating that the case is posted for arguments and at this stage, the petition is not maintainable and the documents which are going to be filed are no way relevant to the case. On considering the said submissions, the trial Court dismissed the petition. Aggrieved by the said order, this criminal petition is filed by the defacto-complainant.

3. Heard Sri R.Sridhar, learned counsel for the petitioner and Sri D.Arun Kumar, learned Additional Public Prosecutor.

4. The contention of learned counsel for the petitioner is that the documents which are filed herein are certified copies and the same are not given to learned Public Prosecutor before the trial Court