K. ANAND Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.') by the petitioner seeking to set aside the order dtd. 18/10/2022 passed in Crl.M.P.No.265 of 2022 in Spl.S.C.No.57 of 2016 by the Special Sessions Judge for Trial of Cases under SCs/STs (POA) Act cum II Additional District and Sessions Judge at Adilabad by allowing the petitioner to summon the proposed two witnesses for evidence.

(2.) Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent " State. Perused the record.

(3.) The prosecution filed an application under Sec. 311 of Cr.P.C. before Special Sessions Judge for Trial of Cases under SCs/STs (POA) Act cum II Additional District and Sessions Judge at Adilabad praying the Court to examine two witnesses viz., Mohammed Faizuddin Siddiqui @ Sahar S/o Mohamed Waheeduddin Siddiqui and Tej Rao Devtale S/o Shankar Rao. The main ground on which the prosecution is seeking the examination of the said two witnesses is that though the witnesses were examined during the course of investigation, their names were not cited in the memo of evidence at the time of filing of charge sheet. The relevance of the witnesses is to the effect that they are neighbours of the land of the de facto complainant which was encroached upon by the accused.