THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL REVISION CASE No.1281 of 2024

ORDER:

This Criminal Revision Case is filed aggrieved by the order dated 06.12.2024 passed in Crl.M.P.No.1266 of 2024 in C.C.No.13 of 2007 by the learned I Additional Special Judge for CBI Cases, Hyderabad.

2. The brief facts of the case are that the petitioner/accused No.2 filed a petition under Section 311 Cr.P.C. seeking to recall PWs 1, 3, 4, 7, 8, and 10 for cross-examination. He contended that due to continuous health problems and his parents’ illness with cancer, his mind was not active and he could not give proper instructions to his counsel. As a result, his earlier counsel reported “Nil” cross-examination. He submitted that non-cross-examination was neither willful nor deliberate and prayed that recalling was necessary to avoid irreparable loss. On the other hand, the Special Public Prosecutor before the trial Court opposed the petition, stating that the case was registered by CBI in 2004 involving wrongful loss of Rs.490 lakhs to Corporation Bank and charge-sheet was filed against 12 accused. He argued that the present application was only a delaying tactic, since the petitioner already had ample