KONDURU RAJESH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") is filed assailing the order dated 02.02.2021 passed in Crl.M.P.No.89 of 2020 in S.C.No.57 of 2016 on the file of the learned Sessions Judge, Mahila Court, Vijayawada, whereby the petition filed under Section 311 Cr.P.C to recall P.W.9 and P.W.11 for cross examination by the accused, was dismissed.

(2.) Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.

(3.) The petitioner is the sole accused in S.C.No.57 of 2016 on the file of the learned Sessions Judge, Mahila Court, Vijayawada. He has been facing prosecution for the offences punishable under Sections 376, 377, 201 and 420 IPC. The trial in the said case commenced and when P.W.9 and P.W.11, who are official police witnesses, were examined, the petitioner could not cross examine them as the advocates were on boycott on that day. Subsequently, the petitioner has filed a petition under Section 311 Cr.P.C to recall P.W.9 and P.W.11 for cross examination. The said petition came to be dismissed by the impugned order on the ground that the fact that the advocates are on boycott and as such the petitioner could not cross examine P.W.9 and P.W.11, is not a valid ground to order for recall of the said witnesses for cross examination.