APHC010572122024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9225/2024 Between: 1. MADIRAJU SUBRAMANYAM, S/O. M.OBULA RAJU LATE AGED ABOUT 50 YEARS, OCC EMPLOYEE, R/O. VIJAYAPURAM (V) AND (M),CHITTOUR DISTRICT. 2. MADIRAJU NARAYANAMMA, ,W/0. M.OBULA RAJU LATE, AGED ABOUT 66 YEARS, OCC CULTIVATION, R/O. VIJAYAPURAM (V) AND (M),CHITTOUR DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY IT PUBLIC PROSECUTOR, HIGH COURT OF A.P, AT AMARAVATHY 2. K VENKATESULU, S/O LATE K.RAGHAVA RAJU. AGED ABOUT 65 YEARS, OCCICULTIVATION, 3. K RAMALAKSHMI, K.VENKATESULU,S/O LATE K.RAGHAVA RAJU AGED ABOUT 65 YEARS, OCC.CULTIVATION, 3RD RESPONDENT/ACCUSED 1 AND 2 ( 2ND AND 3RD RESPONDNETS ARE ABOVE RESIDENTS OF VIJAYAPURAM (V) AND (M),CHITTOUR DISTRICT) ...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 Courtpleased to set aside the dismissed partly in extent of the Order Dated 08-11-2024 to recal to witness lw 7 to 9 under 2 Section-311 of Cr.P.C. the proceedings in CrI.M.P. No.1509 of 2024 in C.C. No.168 of 2019. on the file of AddI Civil Judge,Puttur, FAC -CUM 1st AJFCM Nagari, Chittoor District IA NO: 1 OF 2024 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 all further proceedings in C.C. No. 168 of 2019. on the file of AddI Civil Judge,Puttour, FAC -CUM 1st JFCM Nagari, Chittoor District, pending disposal of the main Criminal Petition, Counsel for the Petitioner/accused(S): 1. KALLA TULASI DURGAMBA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 The Court made the following Oral order: The instant petition under Section 482 of Criminal Procedure Code, 1973, has been filed, by the Petitioners to set aside the order dated 08.11.2024 to recall the witness L.W.Nos.7 to 9 under Section 311 of Cr.P.C., the proceedings in Crl.M.P.No.1509 of 2024 in C.C.No.168 of 2019, on the file of Additional Civil Judge, Puttor-FAC- cum-Ist JFCM. Nagari, Chittoor District. 2. Heard Ms.K.Tulasi Durgamba, learned counsel for the petitioner and learned counsel for the respondent/accused and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor. 3. Learned counsel for the petitioner would submit that the prosecution could not examine L.W.Nos.7 to 9, who were cited as witnesses in the charge sheet relating to C.C.No.168 of 2019, on the file of the learned Additional Civil Judge, Puttur. Accordingly, their evidence was closed. When the prosecution filed a petition to recall L.Ws.7 to 9, the learned Judge allowed the petition to the extent of L.W.8 and dismissed the petition for the remaining witnesses, observing that their presence was not secured on the date of the order. 4. Learned counsel for the respondent/accused would submit that the Court may pass appropriate orders. 5. Considering the submissions made and upon a fair look at the impugned order placed before this Court, the learned Magistrate, instead of dismissing the petition for the examination of L.Ws.7 to 9, ought to have fixed a date for further examination and directed the prosecution to secure their presence on that particular date. The impugned order shows that the learned Magistrate 4 dismissed the petition due to the absence of the witnesses on the date of passing the order, which is not proper. 6. In that view, this Criminal Petition is allowed, directing the trial Judge to fix a date for the examination of L.Ws.7 to 9 and to give an opportunity to the prosecution to produce the said witnesses, as they are crucial for the determination of the case according to law. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 23.07.2025 MH 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 165 Criminal Petiton NO: 9225 OF 2024 Date: 23.07.2025 MH