V. REVATI Vs. V. SUDHAKAR

JUDGEMENT

(1.) This Criminal Petition is directed against the order dated 30-09-2020 passed in Crl.M.P.No.1368 of 2020 in C.C.No.47 of 2017 on the file of the learned IV Additional Judicial Magistrate of First Class, Tirupati, whereby a petition filed under Section 311 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") by the petitioner to recall PW-1 for further cross-examination, was dismissed.

(2.) Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the 2nd respondent / State. None appeared on behalf of the 1st respondent.

(3.) In fact, when the matter came up for hearing before this Court yesterday i.e. on 20-01-2021, as the learned counsel for the 1st respondent was not present, to give fair opportunity, the matter was posted to this date. Today also, learned counsel for the 1st respondent did not appear. Therefore, this Court is inclined to dispose of the matter after hearing learned counsel for the petitioner and the learned Additional Public Prosecutor, on merits.