APHC010196652025 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 4448 OF 2025 Between: 1. Sri Malothu Govind, S/o Chandra Bhaskar, Aged Major, Occ Driver of Lorry, R/at Pedda Pallepad, Turakapalli Mandal, Telangana State Presently at Viakhapatnam. 1. The State of Andhra Pradesh, Through the S.H.O., Arilova P.S., Visakhapatnam Rep., by its Public Prosecutor High Court at Amaravathi Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Impugned Order dt.01-04 No.7308/2022 on the file of Chief Judicial Magistrate , Visakhapatnam by Allowing the Criminal Petition 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 4448 OF 2025 1. Sri Malothu Govind, S/o Chandra Bhaskar, Aged Major, Occ Driver of Lorry, R/at Pedda Pallepad, Turakapalli Mandal, Telangana State Presently at Viakhapatnam. ...Petitioner AND 1. The State of Andhra Pradesh, Through the S.H.O., Arilova P.S., Visakhapatnam Rep., by its Public Prosecutor High Court at Amaravathi ...Respondent Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High CourtPleased to Quash the 04-2025 passed in CrI M.P. No. 511/2025 in C.C. No.7308/2022 on the file of Chief Judicial Magistrate , Visakhapatnam by Allowing the Criminal Petition IN THE HIGH COURT OF ANDHRA PRADESH THE TWENTY FIRST DAY OF AUGUST THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Sri Malothu Govind, S/o Chandra Bhaskar, Aged Major, Occ Driver of Lorry, R/at Pedda Pallepad, Turakapalli Mandal, Telangana State ...Petitioner 1. The State of Andhra Pradesh, Through the S.H.O., Arilova P.S., Visakhapatnam Rep., by its Public Prosecutor High Court at Amaravathi ...Respondent Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of CourtPleased to Quash the 2025 passed in CrI M.P. No. 511/2025 in C.C. No.7308/2022 on the file of Chief Judicial Magistrate , Visakhapatnam by 2 IA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to dispense with filing of the original certified copy of order in CRL MP NO. 511/2025 in C.C.No.7308/2022, dated 01-04-2025 on the file of Chief Judicial Magistrate Visakhapatnam- before this Hon'ble Court IA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased Pleased to Stay of the proceedings in C.C. No.7308/2022 on the file of Chief Judicial Magistrate , Visakhapatnam pending disposal of the main Criminal Petition Counsel for the Petitioner: R SIVA SAI SWARUP Counsel for the Respondent PUBLIC PROSECUTOR The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 4448 OF 2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of BNSS, has been filed by the Petitioner/Accused, seeking quashment of the impugned order dated 01.04.2025 passed by the learned Chief Judicial Magistrate, Visakhapatnam in C.C.No.7308 of 2022. 2. Heard Sri R. Siva Sai Swarup, learned counsel for the petitioner, and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor, appearing for the State. 3. Learned counsel for the petitioner submits that the petitioner is facing trial for the offences punishable under Sections 304-A, 338 and 337 of IPC in C.C.No.7308 of 2022 on the file of the Chief Judicial Magistrate, Visakhapatnam. The petitioner had filed Crl.M.P.No.511 of 2025 seeking to recall P.Ws.9, 12 and 15 for further cross-examination on certain aspects relating to the date, time, and place of the alleged incident. It is further submitted that recalling P.W.9, who is an eyewitness to the accident, is essential to put certain questions which were not covered in the earlier cross-examination. 4 4. Learned Assistant Public Prosecutor submits that the Court may pass appropriate orders. 5. Considering the submissions advanced by both sides, and on perusal of the material available on record including the depositions of the witnesses, this Court is of the view that since the petitioner is facing trial for the offence under Sections 304-A, 338 and 337 IPC, a fair opportunity ought to be given to both parties to establish their respective contentions, in order to meet the ends of justice. 6. Accordingly, the criminal petition is partly allowed. The impugned order dated 01.04.2025 passed by the learned Chief Judicial Magistrate, Visakhapatnam in C.C.No.7308 of 2022 is set aside. The learned trial Judge shall fix a date for the further examination of P.W.9, and the petitioner shall be permitted to cross-examine P.W.9 on the specific points which were not covered in the earlier cross-examination already conducted. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:22.08.2025 KKV 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO:4448 of 2025 Dated.22.08.2025 KKV