APHC010534432025 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10573 OF 2025 Between: 1. Kambampati Srinivas, age 55 years, S/o.Madar, Seehtya Thanda, Puchakayalagudem, Thopucherla village,Vemulapalli Mandal, Nalgonda District. 1. The State of Andhra Pradesh, Rep by its Public Prosecutor High Court of Andhra Pradesh 2. Burra Krishnaiah, S/o PeddaChowdanna, age 38 years, Hindu, Business, R/o H.No. 1-30, Venkatapuram Village, Hamlet of Pandlapuram Village, Banaganapalli mandal, Nandyal District 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/setaside the Order dated 09.09.2025 in CrI.M.P No. 1440 of 2025 in CC No. 1073 of 2019 on the file of the Hon’ble Court of Specia Hon’ble Court of Special Magistrate, Nandyal to allow recall of PW.1 for the purpose of cross examination and pass 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY,THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10573 OF 2025 1. Kambampati Srinivas, age 55 years, S/o.Madar, Seehtya Thanda, Puchakayalagudem, Thopucherla village,Vemulapalli Mandal, Nalgonda ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor High Court of rra Krishnaiah, S/o PeddaChowdanna, age 38 years, Hindu, Business, 30, Venkatapuram Village, Hamlet of Pandlapuram Village, Banaganapalli mandal, Nandyal District ...Respondents 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/setaside the Order dated 09.09.2025 in CrI.M.P No. 1440 of 2025 in CC No. 1073 of 2019 on the file of the Hon’ble Court of Special Magistrate, Nandyal and consequently direct the Hon’ble Court of Special Magistrate, Nandyal to allow recall of PW.1 for the purpose of cross examination and pass IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Kambampati Srinivas, age 55 years, S/o.Madar, Seehtya Thanda, Puchakayalagudem, Thopucherla village,Vemulapalli Mandal, Nalgonda ...Petitioner 1. The State of Andhra Pradesh, Rep by its Public Prosecutor High Court of rra Krishnaiah, S/o PeddaChowdanna, age 38 years, Hindu, Business, 30, Venkatapuram Village, Hamlet of Pandlapuram Village, ...Respondents 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/setaside the Order dated 09.09.2025 in CrI.M.P No. 1440 of 2025 in CC No. 1073 of 2019 on the file of l Magistrate, Nandyal and consequently direct the Hon’ble Court of Special Magistrate, Nandyal to allow recall of PW.1 for the 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 stay all the further proceedings in CC No. 1073 of 2019 on the file of the Hon’ble Court of Special Magistrate, Nandyal pending disposal of the Criminal Petition; and pass such Counsel for the Petitioner: VARUN BYREDDY Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10573 OF 2025 ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed, by the Petitioner/accused, seeking quashment of the Order dated 09.09.2025 in CrI.M.P No. 1440 of 2025 in CC.No.1073 of 2019 on the file of the learned Special Magistrate, Nandyal. 2. Heard Sri Varun Byreddy, learned counsel for the petitioner, and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor. 3. Learned counsel for the petitioner would submit that the petitioner has been charged for the offence punishable under Section 138 and 142 of the Negotiable Instruments Act in C.C. No.1073 of 2019 on the file of the learned Special Magistrate, Nandyal. The petitioner filed a petition to recall P.W.1, who is the complainant, to put certain crucial questions which were not posed during the earlier cross-examination. Learned counsel would further submit that the petition filed earlier was dismissed by the Court, and the matter is now posted for examination of the accused under Section 313 Cr.P.C. He would therefore submit that, since the petitioner is facing trial, a fair opportunity may be given to recall P.W.1 and cross-examine him on crucial points. 4. Learned Assistant Public Prosecutor is present and opposed the petition. 4 5. Heard both sides and on a perusal of the impugned order shows that the chief-examination affidavit of P.W.1 was filed long back with great difficulty, the Court secured his presence for cross-examination. The petitioner had already cross-examined P.W.1 at length. When the matter was posted for examination of the accused under Section 313 Cr.P.C., the petitioner filed the present petition for recall of P.W.1, without assigning any specific reason except making a vague statement that certain crucial points were left out during the earlier cross-examination. The impugned order is a well-reasoned one and does not warrant interference by this Court while exercising inherent jurisdiction under Section 482 Cr.P.C. In the result, the Criminal Petition is dismissed. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _______________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA, J Date: 16.10.2025 KKV 5 46 HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.10573 of 2025 Dt.16.10.2025 KKV