KONERU NAGENDRA PRASAD Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The instant petition under Sec. 482 of the Code of Criminal Procedure, 1973 (in short "Cr.P.C.") has been filed, by the petitioner/accused, seeking quashment of the Order dtd. 16/12/2019 in Crl.M.P. No. 1340 of 2019 in C.C.No.426 of 2015 on the file of the Court of Judicial Magistrate of First Class, Yemmiganur, Kurnool District.

(2.) The petitioner herein is an accused before the trial Court. He is facing trial for the offences punishable under Ss. 196, 198, 420, 468, 469, 474 and 506 IPC. 2. Heard Sri Nimmagadda Satyanarayana, learned counsel for the petitioner and Ms.Lakshmi Prasanna, learned Assistant Public Prosecutor for the State.

(3.) The present petition has been filed impugning the Order passed by the learned Magistrate allowing the Prosecution to examine List of Witnesses 1 to 3, in a petition filed under Sec. 311 of Cr.P.C. As the Prosecution could not serve summonses on L.Ws.1 to 3 in C.C.No.426 of 2015, the learned Magistrate closed their evidence and issued summonses to L.Ws.4 to 6. While so, the Prosecution has come up with a petition under Sec. 311 Cr.P.C to recall L.Ws.1 to 3, whose evidence has been closed on 4/12/2018. The petitioner herein, as an accused before the trial Court, vehemently opposed the petition by filing counter. It is stated in the counter that the Prosecution, due to their negligence, violated their mandatory duty to serve the summonses on L.Ws.1 to 3. It is further stated that the Prosecution had not returned the unserved summonses to the Court for taking fresh summonses. The matter has been adjourned from time to time. The evidence of L.Ws.1 to 3 was closed on 26/10/2018. It is further stated that the Prosecution had filed the petition leisurely only to delay the proceedings, and sought for dismissal of the petition.