POLAGANI VENKAIAH Vs. KATTA CHINNAMMA

JUDGEMENT

(1.) On a report given by the petitioner, the police have registered a case against the accused under Sections 306, 323 and 498-A of the Indian Penal Code and Section 3 (1) of the Dowry Prohibition Act and after investigation of the case, charge-sheet was filed. Thereafter the case was committed to the Court of Session for trial and the same is pending trial in Sessions Case No. 91/87. Not being satisfied with that, the petitioner has filed a a private complaint against the same accused under Sections 302, 498-A, 34 and 109 of the Indian Penal Code. That case was also committed to the Court of Session and the same is pending trial in Sessions Case No. 52 of 1989,. Both the cases were clubbed and trial is pending before the learned Additional Sessions Judge, Eluru.

(2.) While so, the petitioner, who is the complainant, filed Crl. M.P. No. 2301/90 before the learned Additional Sessions Judge for permission to cross-examine the prosecution witnesses. That application was dismissed. Against that, this petition is filed.

(3.) The contention of the learned counsel for the petitioner is that as the petitioner had filed a private complaint not being satisfied with the charge-sheet filed by the police and that case was also committed to the Court of Session for trial, he must be given an opportunity to engage a counsel and cross-examine the prosecution witnesses.