MIRAPA SUGUNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Petition is directed against the order in Crl. MP No.1204 of 1999 in PRC No.56 of 1998 on the file of Additional Judicial First Class Magistrate, Vizianagaram, dated 7-5-1999 refusing to summon three witnesses under Section 311 of Code of Criminal Procedure at the PRC stage.

(2.) The facts relevant to this Criminal Petition are that the petitioner-complainant examined herself as PW1 and she also examined PWs.2 to 5 on her behalf. Her advocate filed a Memo stating that no further witness will be examined. Thereupon, the Court has taken cognizance of the offences under Sections 304, 440, 506 and 509 read with Section 34 of Indian Penal Code and issued summons to the respondents-accused. Then the case was posted for orders. At this stage, the petitioner-complainant filed a petition under Section 311 of Cr.PC to summon a Doctor, Sub-Inspector of Police and her son by name M. Suresh Kumar, The respondents opposed the petition on the ground that the proceedings are being protracted and they have been harassed. The learned Magistrate considered the contentions of both sides and dismissed the petition. Hence, the petitioner-complainant has approached this Court under Section 482 Cr.PC.

(3.) The short question raised by Sri Venkateswara Rao Gudapati, learned Counsel for the petitioner is as under: