SYED WASEH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) In this criminal petition, the petitioner is challenging the docket order dtd. 1/12/2023 dismissing the Crl.M.P.No.88 of 2023 in S.C.No.112 of 2023 pending on the file of Fast Track Special Court for Expeditious trial and disposal of Rape and POCSO Act Cases, Ranga Reddy District at L.B.Nagar.

(2.) The brief facts leading to the filing of this criminal petition are that the petitioner is accused of committing an offence under POCSO Act, 2012 and is arrayed as accused in S.C. No.112 of 2023. It is submitted that the trial has commenced on 21/8/2023 and the trial Court noticed that the accused was absent and there was no representation from his counsel and therefore, non-bailable warrant was issued. In case of recall of witnesses i.e., PWs.1 to 3, costs of Rs.300.00 each was directed to be paid to PWs.1 to 3. On coming to know of the order, the petitioner filed Crl.M.P.No.88 of 2023 for recall of PWs.1 to 3 for the purpose of cross-examination. The trial Court observed that the accused was present, however, he was not represented by his counsel and directed the accused to cross-examine PWs.1 to 3. Accordingly, the accused personally cross-examined PWs.1 to 3. Thereafter, the accused has filed a petition requesting for an opportunity to cross-examine PWs.1 to 3 again. The trial Court was not inclined to grant another opportunity initially, however, on payment of costs of Rs.3,000.00 each to PWs.1 to 3, the petitioner was permitted to cross-examine PWs.1 to 3 on the next date of hearing. On 1/12/2023 the trial Court further observed that the witnesses and the accused were present, but counsel on record for the accused was not present and his junior counsel was present, who requested for a pass over initially and subsequently, when the case was called, junior counsel has requested for reduction of the costs imposed by the trial Court and did not cross-examine the witnesses. Therefore, the trial Court has dismissed Crl.M.P.No.88 of 2023 for non-compliance of conditional order and posted the case to 4/12/2023 for examination under Sec. 313 of Cr.P.C. Challenging this order, the present criminal petition is filed.

(3.) The learned counsel for the petitioner/accused submitted that the petitioner did not challenge the costs imposed by the trial Court payable to PWs.1 to 3. It is further submitted that after payment of said costs to PWs.1 to 3, the petitioner is seeking cross-examination of PWs.1 to 3 by his counsel on record, as earlier, the cross-examination of PWs.1 to 3 was done by the accused on the direction of the Court.