APHC010555902024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No. 8951/2024 Between: 1. M VENKATA SUBBAIAH @ PAULRAJ, S/O.SUBBUDU, HINDU, AGED ABOUT 38 YEARS, OCC. CONSTABLE, R/O. H.NO. 52/163, A.P.S.A.P. CAMP, KURNOOL. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTOR STATE OF ANDHRA PRADESH HIGH COURT OF JUDICATURE AT AMARAVATHI FOR THE STATE OF ANDHRA PRADESH. 2. GADDA VIJAYA RANI, W/O. M.V. SUBBAIAH, HINDU, AGED ABOUT 28 YEARS, HOUSE WIFE R/O.H.NO.87-1281-15A, GOUTHAMI NAGAR, KURNOOL CITY. 3. M PAVITHRA, D/O, M.V. SUBBAIAH @ PAULRAJ, AGED ABOUT 7 YEARS, (MINOR) STUDENT, REP.BY HER MOTHER 2ND RESPONDENT AGED ABOUT 28 YEARS. HOUSE WIFE, R/O, H. NO. 87-1281-15A, GOUTHAMI NAGAR, KURNOOL CITY. ...RESPONDENT/COMPLAINANT(S): 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 Court pleased to quash Order of the learned Judge, Family Court-cum-IV Additional District & Sessions Judge, Kurnool passed in the CrI.M.P.No.150/2024 in FCMC.No.43/2018, dated 06.11.2024 on under section 311, of Cr.P.C., and pass Counsel for the Petitioner/accused: 1. KALANGI SUMALATHA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 The Court made the following: ORDER: The instant Criminal Petition under Section 528 of BNSS, 2023 has been filed, by the Petitioner/Respondent, seeking to quash the impugned Order dated 06.11.2024 passed in Crl.M.P.No.150 of 2024 in FCMC No.43/2018 on the file of the Court of Judge, Family Court-Cum-IV Additional District and Sessions Judge, Kurnool, against him. 2. Heard learned counsel for the Petitioner/Respondent and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor appearing for respondent No.1/State. Despite service of notice, none represented for respondents 2 and 3. Perused the material on record. 3. Learned counsel for the Petitioner would submit that respondents 2 and 3 are the wife and daughter of Petitioner herein respectively. Respondents 2 and 3 filed FCMC No.43 of 2018 on the file of the Court Judge, Family Court-Cum-IV Additional District and Sessions Judge, Kurnool against the Petitioner herein seeking maintenance. In the said case, RW.1 was examined and the case is coming up for cross examination of R.W.2 and R.W.2 was called absent on the given date and his evidence was eschewed by the Trial Court. Learned counsel would submit that the Petitioner filed a petition under Section 311 Cr.P.C. vide Crl.M.P.No.150 of 2024 to reopen the case on respondent’s side evidence and set aside the order dated 28.06.2024 and grant permission to examine 3 R.W.2. The said petition was dismissed by the Trial Court vide Order dated 06.11.2024 which is impugned in this Criminal Petition. Learned counsel prays that a fair opportunity may be given to the Petitioner to examine R.W.2 as his witness in FCMC. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 5. Considering the submissions and a fair look at the material on record including the impugned Order, it appears, witness (R.W.2) could not attend the Court when the matter is coming for his cross-examination and his evidence was eschewed by the Trial Court. Learned counsel for Petitioner requested that a fair opportunity may be given to both parties to prove their respective contentions. 6. In that view, in the interest of justice, this Criminal Petition is allowed. The impugned order is set aside and the learned Trial Judge is directed to permit the Petitioner to examine R.W.2 as a witness on behalf of the Petitioner/Respondent and dispose of the case as expeditiously as possible without granting adjournments in a casual manner on mere asking. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No. 8951 of 2024 01.09.2025 Mjl /*