I..t>tt=+ APHCO10131672024 EELE lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO.I 1827 OF 2024 Between Chintalapudi Gangadhar, s/o ch.somaraju, age 50 years, Occ:- Business, R/o H.No.9-371, GopI-kriShna Colony, Turangi, Kakinada Rural Mandal, Kakinada District ...PETITIONER/PETITIONER/ACCUSED AND 1. Yadlapalli Siva, S/o. Veera Venkata Rama Pitchaiah, age about 28 years, Occ:- Business, R/o.D.No.30-3-6, Brahman veedhi Suryanarayanapuram, Kakjnada, Kakinada (East Godavari) District. ...RESPONDENT/COMPLAINANT 2. The State of Andhra Pradesh, Rep., by its public Prosecutor, High Court ofAndhra Pradesh at Amaravathi. ...RESPONDENT/SSTATE Petition under section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High Court may be pleased to set aside the order dated 26-02-2024 made in +- crl.M.P.No.6162 of 2023 in CC.No.325 of 2018, on the file of " Additional JudI'Cl'al FI'rSt Class Magistrate, Kakinada. [A NO: \1 - p6tition under section 482 of Cr.P.C and 528 of BNSS prayI'ng that l|n the cl'rcumstances stated in the Memorandum of Grounds of crimI'nal PetI'tiOn, the High,Court may be pleased to stay a" further proceedings in ccNo.325 of 2018 on the file of II AddI'tiOnal Judicial First class Magistrate, Kakinada. Counsel forthe petitioner .I SRI. I.N.IVl. RANGA RAO counsel for the Respondents : PUBLIC PROSECUTOR (AP) The Court made the followl-ng ORDER : _.a APHCO10131672024 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1827/2024 Between : 1.CHINTALAPUDI GANGADHAR, S/O CH.SOMARAJU, AGE 50 yEARS, OCC- BUSINESS, R,O H.riO.9-371, GOPIKRISHNA COLONY, TURANGl, KAKINADA RURAL MANDAL, KAKINADA DISTRICT M.PETITIONER/ACCUSED AND 1.YADLAPALLI SIVA, S/O VEERA VENKATA RAMA PITCHAIAH, AGE ABOUT 28 YEARS, OCC-'BUSINESS, R/O D.No.30-3-6, BRAHMAN VEEDHl' SURYANARAYANAPURAM, KAKINADA, KAKINADA (EAST GODAVARl) DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATH I. ...RESPONDENT/COMPLA[NANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS counsel for the Petitioner/accused: 1.TN M RANGARAO Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR (AP) The Court Made the Followin Order The instant petition under Section 482 of Cr.P.C., has been filed by the petitioner herein, seeking quashment of the order dated 26.02.2024 in Crl.M.P.No.6162 of 2023 in C.C.No.325 of 2018 passed by the learned ll Additional Judicial Magistrate of First Class, Kakinada. 2. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor for the respondent No.2/State. Notice sent to the respondent No.1 was served but none entered appearance. 3. The petitioner herein is the accused who is facing the Trial in C.C.No.325 of 2018 on the file of the learned lI Additional Judicial Magistrate of First Glass, Kakinada, for the offence under section 138 and 142 of NI Act. Pending the said C.C., the petitioner herein filed Petition under Section 311 Cr.P.C. seeking to recall pw.1 for the purpose of cross examination, on which, by an order dated 26,02,2024, the said PetitI'On Was dismissed. Against which, the present criminal Petition has been preferred. 4. Learned counsel forthe petitionerwould submit that an opportunity may be give'n to the petitioner for further cross examination of pwl on five questions which were not covered earlier. Learned counsel further would submI't that' before the trI'al Court the matter was adjourned to 19.08.2025 and on the very same day the petitioner is ready to complete the further cross examination of pw1. Learned counsel further would submit that the petition may be considered on terms. 5. Considering the submissions made and a fair look a{ the mate'riaI on record, the impugned order would show that the petition was dI-SmiSsed for the reasons that the petitI'Oner iS filing the recall petitions one after another for cross examinI-ng the PWl at different spells. 6- ln view of the aforesaid facts and circumstances of the Case and since the petitioner herein is facing the trial in a criminal case, in order to give one opportunity for further cross examination, the Criminal Petition is allowed setting aside the order dated 26.02.2024 in Crl.M.P.No.6162 of 2023 in C.C.No.325 of 201,8 passed by the learned ll Additional Judicial Magistrate of First Class, Kakinada. The trial Court is directed to permit the petitioner for further cross-examination of PWl on 19.O8.2O25 subject to putting five questions which are not covered earlier, on payment of costs of Rs.5,000/-to the complainant. Pending applications, if any, shall stand closed. SD/- M.PRABHAKAR RAO s#R ASSISTANT REGI //TRUE COPY// _--I:i -- SECTION OFFICER .3 . ±9.i`.I.t -,a 'Cl|' I i 5 '''L`'':'qu;y+ ` I+,rty* ..rt+.4`. q, f'T:'` I 1. The ll Additional Judicial First Class Magistrate, Kakinada. `l/,. I-.-®- `.i?I To] Z tT ±¥-¥_.-;I: a CO - -a •.a •--aI O 'N M RANGA RAO, Advocate [OPUC] i'= J l3. Two ce#Sgl-N##Jblic prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 4. Two C.D Copies. SSL TAG HIGH COURT DATED:01/08/2025 ORDER CRLP Nor 1827 OF 2024 CRIMINAL PETITION IS ALLOWED.