APHC010524622024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NOs: 8478 & 8442/2024 CRIMINAL PETITION NO: 8478/2024 Between: Nukavarapu Srinivasa Rao ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. KOCHIRI RAJA SHEKAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR CRIMINAL PETITION NO: 8442/2024 Between: Nukavarapu Srinivasa Rao ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) 2 Counsel for the Petitioner/accused: 1. KOCHIRI RAJA SHEKAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following Common Order: The learned counsel for the petitioner submits that the petitioner has filed Crl.M.P. Nos. 1012 and 1013 of 2024, seeking to recall the evidence of P.W.1 and to receive documents. It is submitted that the petitioner has filed a private complaint alleging cheating and breach of trust against the 2nd respondent. The police, after investigation, have filed a charge sheet, which has been taken on file as C.C. No. 54 of 2017. 2. It is submitted that the petitioner has obtained certified copies of the Sale Deed-cum-GPA, dated 28.11.2011, Sale Deed, dated 08.06.2017, and Rectification Deed, dated 07.09.2019, along with Page Nos. 26 and 27 of Ex.P4. These documents the petitioner has sought to file while adducing his evidence. The learned Magistrate has dismissed both the petitions vide a common order dated 18.07.2024. It is also submitted that the matter is now coming up for recording the evidence of P.W.6. The petition seeking recall of P.W.1 and to receive documents is only to substantiate the case of the petitioner. 3. It is specifically mentioned in the order that PW1 had dragged the matter and took several adjournments. PW1 filed a petition under Section 3 242(2) of Cr.P.C to accept some documents. The PW1 filed another petition to recall PW1 after the examination of PW1 and seeks to mark some certified documents. The learned Magistrate also observed that the prosecution waited from 2015-2024 for obtaining the certified copies and the present petition is only to drag the proceedings. 4. This Court, considering the submissions, is inclined to permit the recall P.W.1’s for marking the certified copies of the documents and also directs the learned Magistrate which are proposed to be filed as additional documents. With these observations, the order dated 18.07.2024 passed in C.C. No. 54 of 2017 is hereby set aside. 5. Accordingly, these Criminal Petitions are allowed. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N 01.04.2025 PNS