THE HONOURABLE SRI JUSTICE N. TUKARAMJI CRIMINAL PETITION No.9926 of 2025

ORDER:

This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’), seeking to recall PW4 for cross-examination in C.C.No.382 of 2017 on the file of XIV Additional Chief Judicial Magistrate, Nampally, Hyderabad.

2. I have heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. The brief facts of the case are that the petitioner, who is arrayed as the sole accused, is facing trial for an offence under Section 153(A) of the Indian Penal Code (IPC). During the course of the trial, on 17.07.2025, the Investigating Officer (PW4) was examined-in-chief. Although the petitioner was personally present on that date, his counsel could not attend due to a sudden illness. Consequently, cross-examination could not be conducted. In that situation, the trial Court recorded ‘cross- examination: Nil’ and adjourned the matter for further proceedings to

24.07.2025.

4. Subsequently, on 22.07.2025, the petitioner filed an application under Section 311 of the Code of Criminal Procedure, 1973(CrPC), seeking recall of PW4