Y. RAMESH Vs. STATE OF TELANGANA AND ORS.

JUDGEMENT

(1.) Mr. Y. Ramesh, sole accused in S.C. No.12 of 2014 on the file of the XIII Additional District and Sessions Judge - cum - XIII Additional Metropolitan Sessions Judge, Ranga Reddy District, Cyberabad at L.B. Nagar, has filed Crl.P. No.828 of 2020 under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), to quash the order dated 16.12.2019 passed in Crl.M.P. No.154 of 2019 in S.C. No.12 of 2014 filed under Section 311 of Cr.P.C. to recall PW.3 for re-examination. Whereas, Crl.P. No.945 of 2020 is filed by the very same accused under Section 482 of Cr.P.C. to quash the order dated 16.12.2019 passed in Crl.M.P. No.153 of 2019 in S.C. No.12 of 2014 filed under Section 311 of Cr.P.C. to summon Ms. Y. Pavani for examination.

(2.) Heard Mr. M. Radha Krishna, learned counsel representing Mr. Pushadapu Subba Rao, learned counsel for the petitioner in both petitions, and learned Public Prosecutor appearing on behalf of respondent No.1 - State. Despite service of notice, none appears for respondent No.2. Perused the entire material available on record.

(3.) The petitioner herein is the sole accused in S.C. 12 of 2014. The offence alleged against him is under Section 302 of IPC. The wife of petitioner - accused deposed herself as PW.3 and turned hostile, addressed a letter on 24.09.2019 to the Public Prosecutor stating that on the date of her examination, she was threatened by the accused that he would kill her children, who were studying by staying in the Hostel and, therefore, she could not support the case of prosecution. Since her children are staying with her now, she wants to give further evidence. Basing on the said letter, the prosecution has filed a petition under Section 311 of Cr.P.C. vide Crl.M.P. No. 154 of 2019 to recall her for further examination. The prosecution has also filed another application vide Crl.M.P. No.153 of 2019 to summon PW.3's daughter, Y. Pavani, for her examination stating that daughter of PW.3 is an eye-witness to the incident and, therefore, her evidence is very much important and crucial to the case of prosecution.