THE HON’BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.6186 of 2025 ORDER:-

1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking to set aside the orders dated 17.04.2025 passed in Crl.M.P.No.141 of 2025 in C.C.No.5 of 2018 on the file of the learned Special Judge for Economic Offences, Nampally, Hyderabad.

2. Heard Sri Uzair Ahmed Khan, learned counsel for the petitioner/accused as well as Sri Dominic Fernandes, learned Senior Standing Counsel for CBIC appearing for the respondent.

3. Learned counsel for the petitioner has submitted that the petitioner filed Crl.M.P.No.141 of 2025 before the Trial Court seeking for recall of PWs 1 to 4 for cross-examination and the Trial Court has partly-allowed the said petition recalling the evidence of PW3 and dismissed for recalling PWs.1, 2 & 4. Aggrieved by the said order, the petitioner approached this Court and filed the present petition seeking to set aside the said orders and to recall the evidence of PWs.1, 2 & 4.

4. The learned Senior Standing Counsel for CBIC appearing for the respondent has submitted that the Trial Court has considered the entire facts and circumstances and the record discloses that the said witnesses were not cross-examined. It was always represented by the junior counsel of PW1 that the senior is out of station. After several adjournments, the Trial Court has passed a conditional order and the costs were also imposed but still the defence counsel did not come forward to cross-examine the witnesses. Thus, observing the same, the petition was dismissed against PWs.1, 2 & 4. However, it was observed by the Trial Court that PW3 was not summoned after framing of charges. Therefore, PW3 was allowed to be recalled.

5. The learned Senior Standing Counsel has submitted that the Trial Court has appreciated the circumstances of the case and passed the orders.

6. The reason stated by the petitioner for not cross-examining the witnesses during the relevant period is that their application for compounding the offences was pending before the authorities. Therefore, he could not cross-examine the witnesses. However, the fact remains on record that the said witnesses were not subjected to cross-examination. In the interest of Justice and as per the decision of the Hon’ble Supreme Court in Union of India Vs.Anil Chanana, 2008 (222) ELT 481 (SC) ,

an opportunity has to be given to the petitioner/accused to cross-

examine the witnesses.

7. In the result, the Criminal Petition is allowed setting aside the orders dated 17.04.2025 passed in Crl.M.P.No.141 of 2025 in CC.No.5 of 2018 and PWs - 1, 2 & 4 are recalled for cross- examination. However, it is made clear that the learned counsel for the petitioner shall go ahead with the cross-examination of witnesses on the stipulated dates fixed by the Trial Court without taking any further adjournments.

7. Miscellaneous petitions pending, if any, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA Dt.11.09.2025 ysk/ggd