1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL REVISION CASE NO: 414/2024 ORDER: The Criminal Revision Cases, under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) is filed on behalf of the petitioners/A1 & A2, seeking to set aside the order dated 13.03.2024 passed in Crl.M.P.No.3117 of 2023 in C.C.No.85 of 2019 of Judicial Magistrate of First Class, Mydukur, YSR Kadapa District, in the interest of justice. 2. The petitioners had filed a petition Crl.M.P.No.3117 of 2023 before the Trial Court to recall P.W.1 for cross-examination of P.W.1 on behalf of the petitioners/A1 and A2 side. 3. Learned counsel for the petitioners contends that counsel before the Trial Court was unable to cross-examine P.W.1 despite several conditional orders passed by the Court. As seen from the orders, the Trial Court had granted multiple opportunities with specific conditions for cross-examination on the following dates: “02.03.2023, 09.03.2023, 16.03.2023, 04.04.2023, 22.05.2023, 25.05.2023, 07.06.2023, 23.06.2023, 04.07.2023 and 14.07.2023.” 2 4. However, the Trial Court observed that the accused failed to utilize these opportunities and repeatedly sought adjournments instead of cross-examining P.W.1. The learned counsel for the petitioners did not come forward to cross-examine the witness despite these opportunities. 5. As rightly pointed out by learned counsel for the respondent No.1, the petitioners failed to avail themselves of the chances granted by the Court. However, learned counsel for the petitioners now submits that the cross-examination of P.W.1 has since been conducted on the date fixed by the Trial Court and undertakes to ensure further cooperation. Given the delay caused by the petitioners, learned counsel for the respondent has consented to granting a further opportunity, subject to the deposit of a certain amount as determined by the Court. This Court finds it appropriate to impose suitable costs. 6. Considering the submissions made by both sides, and without expressing any opinion on the merits of the case, the Criminal Revision Case is disposed of with the following directions: “The petitioners shall deposit a sum of Rs.7,500/- within a period of two weeks from the date of service of this order before the Court below. On such deposit, the respondent No.1 is permitted to withdraw the said amount. In the event of failure to deposit the said amount within the stipulated period, the petition shall stand dismissed automatically. The 3 petitioners are further directed to cooperate with the Trial Court for the early disposal of the matter and to ensure that the cross-examination of the witness is completed on the date fixed by the Trial Court.” Miscellaneous applications pending, if any, shall stand closed. _____________________________ JUSTICE T. MALLIKARJUNA RAO Date: 29.04.2025 S D P 4 111 THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO CRIMINAL REVISION CASE No.414 OF 2024 Date: 29.04.2025 S D P