APHC010150232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3269/2025 Between: Cherukuri Naveen ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. G V SHIVAJI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following Order: The learned counsel for the petitioner appearing virtually online is aggrieved by the order passed in Crl.M.P.No.3 of 2025 in S.C.No.555 of 2022. The petitioner filed an application seeking recall of PW1, PW4 and PW9 for the purpose of cross examination. The petitioner filed an application stating 2 that he failed to appear in the Court and could not cross examine the PW1, PW4 and PW9 and as such seeking recall of PW1, PW4 and PW9. 2. The learned Sessions Judge while dismissing the Crl.M.P.No.3 of 2025 has held that the PW1 and PW4 were examined on 19.12.2024 and 20.12.2024 at length and at the petitioner’s counsel could not represent on 06.01.2025 on which date the PW9 examination was recorded. 3. Considering the same that the Special Court held that there is no truth in the submission of the petitioner that the petitioner had not examined the PW1 and PW4 and considering the prayer of the petitioner for recalling PW9, the Court has partly allowed the application to the extent of recalling PW9 for the purpose of cross examination. The learned Special Judge has dismissed the petition for recalling PW1 and PW4. 4. Perused the petition filed before the Special Court and also perused the record. 5. Sections 33(5) and 35 of POCSO Act would have to be borne in mind before passing an order and the learned Sessions Judge has rightly considered the legal position and dealt with the application appropriately and passed a well reasoned order. 3 6. Considering the same, this Court is not inclined to interfere in this matter and accordingly, the Criminal Petition is dismissed. There shall be no order as to costs. 7. As a sequel thereto, the miscellaneous petitions, if any, pending shall stand closed. ___________________ JUSTICE HARINATH.N BMS