TANGUTURU ACHAMMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This criminal petition under Section 482 Cr.P.C. is filed by the petitioner seeking to quash the order in Crl. RC No.19 of 2009 dated 5/2/2010 passed by the III Additional Sessions Judge (FTC), Rajampet, Kadapa District, confirming the order passed by the Judicial First Class Magistrate, Rajampet, in Crl. MP No.643 of 2008 in CC No.40 of 2005 dated 28/1/2009.

(2.) Heard

(3.) The petitioner is the de facto complainant in CC No.40 of 2005. In the said Calendar Case, on 15/2/2006 charges were framed, summons were issued to LWs.1 to 4 and the case was posted to 17/3/2006. During the pendency of the proceedings A3 died and case against him was abated. On 2/1/2008 LW1 (petitioner herein) was present and at the request of the accused, the case was adjourned to 7/1/2008. On 7/1/2008 also the petitioner (LW1) was present and at her request the case was adjourned to 21/1/2008. On 21/1/2008 LWs.l to 4 were absent. However, on 6/5/2008 LW1 was present and again sought for an adjournment, but there was no representation on behalf of the prosecution since it was not APP day. Again the case was adjourned to 3.6.2008 and fresh summons were ordered to the witnesses with specific instructions to produce the witnesses on 30.6.2008. However, on that day, LWs.l to 4 were absent and summons were not served on them. Observing that in spite of passing specific orders, the summons could not be served, the learned Magistrate closed the evidence of LWs.l to 4 and issued fresh summons to LWs.5 to 10 and posted the case to 22.7.2008. On that day, the prosecution filed Crl. MP No.643 of 2008 praying to recall LWs.l to 4 and examine them. The learned Magistrate observing that inspite of giving several opportunities, the prosecution failed to produce the witnesses, dismissed the petition. Aggrieved by the same, the matter was carried in revision by the Prosecution. However, the said petition was dismissed mainly on the ground that revision is not maintainable against interlocutory orders. Challenging the same, this petition has been filed.