APHC010162842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3531/2025 Between: M/s Chamudi Constructions and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. MARELLA RADHA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 2. The learned counsel for the petitioner submits that the petitioner has filed a petition for recall of PW1 for the purpose of cross examination. It is submitted by the learned counsel for the petitioner that, on 12.12.2024, the 2 learned Magistrate has heard and allowed the Crl.M.P.No.948 of 2024. However, instead of granting the petitioner an opportunity to cross examine the PW1, the learned Magistrate has closed the complainant’s evidence and posted the case of examination under Section 313 Cr.P.C. 3. It is submitted by the learned counsel for the petitioner that the endorsement of the Magistrate on 12.12.2024 reads as “Heard and allowed as the learned counsel reports no objection.” 4. The learned counsel for the petitioner submits that when the petitioner filed a petition seeking recall of PW1 for cross examination, the E-Court copy reads as “complainant called present. Accused called absent. Petition filed and allowed. Crl MP 948 of 2024 is dismissed. PW1 is recalled and examined. Complainant side evidence is closed. For 313 CRPC examination call on 19-12-2024.” 5. The learned counsel for the petitioner submits that the learned Magistrate could not have dismissed the Crl.M.P.No.948 of 2024 and at the same time, recalled the PW1 for the purpose of cross examination. It is further submitted that the matter is now posted on 22.04.2024. 6. Considering the same, the learned Magistrate is directed to grant an opportunity to the petitioner to cross examine the PW1 on the said date. 7. With these observations, the Criminal Petition is disposed of. 3 8. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ______________________ JUSTICE HARINATH.N BMS