DEDDELA RATNAMMA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present Criminal Petition is filed under Section 482 Cr.P.C. by the petitioner/de facto complainant seeking to quash the order, dated 30.01.2019, passed in Crl.M.P.No.1594 of 2018 in C.C.No.727 of 2015 on the file of the XVI Additional Metropolitan Magistrate, Ranga Reddy District at Rajendranagar, wherein and whereunder an application filed by the prosecution under Section 311 of Cr.P.C., for recalling of one K.Narsimhulu, who is the brother of P.W.1, was dismissed.

(2.) The facts, in issue, are as under:

(3.) After completion of the entire trial and when the case was posted for examination of the 2nd respondent/accused under Section 313 Cr.P.C., the Prosecution filed an application under Section 311 Cr.P.C. seeking to recall one N.Narsimhulu, who is the brother of P.W.1, stating that Ex.P7/Receipt issued by the 2nd respondent/accused to the said Narsimhulu, discloses the receipt of certain sum of Rs.50,000/- by the 2nd respondent/accused in pursuance of his demand for additional dowry from P.W.1 and therefore, the evidence of the said Narsimhulu is very crucial for better and proper adjudication of the case, otherwise the de facto complainant will be put to great loss, which cannot be compensated in any other way. A counter came to be filed by the 2nd respondent/accused opposing the said petition. After considering the entire material on record, the trial Court dismissed the said application. Challenging the same, the de facto complainant filed the present Criminal Petition.