ORDER

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) seeking quashment of the order dated 03.04.2025 passed in Crl.M.P.No.272 of 2025 in S.C.No.36 of 2023 by the learned I Additional District and Sessions Judge, Sangareddy, against the petitioners/accused Nos.1 to 3. 2. Heard Mr.B.Jithender, learned counsel representing Mr.C.Vasundhara Reddy, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. At hearing learned counsel for the petitioners would fairly plead that though the petitioners were supposed to explain to the Court the necessity of recalling witnesses PWs.3, 6 and 18 and except mentioning that some important aspects are to be cross-examined, no specifics were mentioned. However, the petitioners request for further cross-examination is essential to elicit certain important omissions and contradictions which would assist the Court to arrive at just decision in the case, prayed for granting leave to file a fresh application before the trial Court under Section 311 of Cr.P.C., explaining the reasons and necessity and the trial court may consider the application on its own merits.

4. Learned Additional Public Prosecutor reported no specific objection.

5. I have considered the submissions and having regard to the prayer, and since the matter is at the trial stage, granting leave to the petitioners to file a fresh petition explaining the necessity of recalling the witnesses is found appropriate to ensure a full and fair opportunity and to serve the interests of both parties.

6. Accordingly leave is granted to the petitioners to file the petition seeking recall of the witnesses afresh and the trial Court is directed to consider such petition on its own merits, in accordance with law.

7. With this direction, this petition is disposed of.

Pending miscellaneous applications, if any, shall stand closed.

_______________ N.TUKARAMJI, J