SYED ALI PATEL Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The criminal petition is filed impugning the dismissal of the petition in Crl.M.P.No.4623 of 2018, dated 03.12.2018, by the learned III Additional Chief Metropolitan Magistrate, Hyderabad, of the petition to recall P.Ws.3 & 4 filed by the petitioners/A-1 to A-3, in C.C.No.1523 of 2012, which is outcome of Crime No.16 of 2012 of Shah-Ali-Banda Police Station, for the offences punishable under Sections 406, 420 IPC and Section 5 of the A.P. Land Grabbing (Prohibition) Act, 1982.

(2.) The sum and substance of the averments in seeking recall of P.Ws.3 & 4 are that there was no cross-examination of them inadvertently even the prior witnesses 1 & 2 and the subsequent witnesses 5 & 6 of the prosecution were already cross-examined. It was happened mistakenly because of the long gaps from witness to witness and due to inadvertence and bona fide impression as if examined and when came on verification, found no cross-examination at all.

(3.) Learned Public Prosecutor opposed the said petition before the trial Court and the same was ended in dismissal by the impugned order.