THE HONOURABLE SMT.JUSTICE TIRUMALA DEVI EADA

ORDER:

This Criminal Petition is filed by the petitioners-accused Nos.1 & 2 aggrieved by the docket order dated 03.10.2025 passed in CC No.10792 of 2022 by the I-Additional Chief Metropolitan Magistrate, Nampally, wherein the further cross-examination of PW.1 was closed.

2. Heard Mr. Chetrluru Srinivas, learned counsel for the petitioners, Mr. Sharad Sanghi, learned counsel for the respondent No.2 and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondent No.2-State.

3. Learned counsel for the petitioners has submitted that the petitioners wanted to confront few documents in the further cross- examination of PW.1, but as an adjournment was sought on 03.10.2025, the learned Magistrate has closed the cross- examination of PW.1 and posted the matter for 313 Cr.P.C. examination and therefore, he prayed to set aside the said docket order and permit the petitioners to further cross-examine the witness i.e. PW.1.

4. Learned counsel for the respondent No.2 has submitted that the case pertains to 2018 many chances were given to the petitioners for cross-examination of the witness till 31.03.2023, but despite conditional order, they failed to complete the cross-

examination of PW.1 and therefore, prayed to dismiss the petition.

5. Perused the record.

6. A perusal of the record discloses that originally the CC pertains to the year 2018 and the affidavit in chief examination of PW.1 was filed in 2019 and thereafter, sufficient opportunity was given for cross-examination of PW.1, but the defence counsel failed to cross-examine the witness and therefore, the cross-examination of PW.1 was recorded as closed. Thereafter, a petition under Section 311 of Cr.P.C., was filed and the same was allowed and a chance for cross-examination was given and PW.1 was cross- examined in part on two occasions and the matter was posted for further cross-examination, after which the learned defence counsel has sought for an adjournment for once and thereafter on one day, there was a boy-cot by the Bar and thereafter, on one day, the complainant was absent and it was posted to 03.10.2025, but on the said date, the defence counsel failed to appear and hence, further cross-examination of PW.1 was closed and the matter is posted for

313 Cr.P.C. examination on 07.11.2025 and matter is adjourned to 14.11.2025. Since the counsel for the accused seeks to further cross-examine the witness on few important documents, it is opined that one more chance can be given to the defence counsel to further cross-examine PW.1, without seeking any further adjournments, the counsel shall complete the cross-examination by closing the same on the same day, to meet the ends of justice.

7. In the result, the criminal petition is allowed setting aside the docket order dated 03.10.2025 passed in CC No.10792 of 2022 by the I-Additional Chief Metropolitan Magistrate, Nampally, and the matter shall be posted for further cross-examination of PW.1 and the trial court shall fix a date for further cross-examination of PW.1 within a period of (10) days from the date of receipt of a copy of this order and on the said date the defence counsel shall cross-examine PW.1 without seeking any further adjournment.

Miscellaneous Petitions, if any pending, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA November 07, 2025 KTL