IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE V- > 'm io 1 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N V', , / xy •v'' CRIMINAL PETITION NO: 4828 OF 2025 Between; Mutchu Ambedkar, S/o Yesudas, aged about Gandhi Nagar, 2""' line, Piduguralla Town and Mandal 53 years, Occ:Coolie, R/o ...Petitioner/Accused And The state of Andhra Pradesh, Andhra Pradesh, at Nelapadu through Station House Officer Piduguralla ...Respondent Petition under Section 528 of BNSS, is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal the High Court may be pleased to direct the X Session Judge at Gurajala to recall PWs examinations by the petitioner by setting aside the order dated 28-03-2025 passed in CFR No. 142 of 2025 in SC No. 363 of 2024 I.A. NO; 1 OF 2025 rep by its Public Prosecutor, High Court of P.S Petition, Additional District and 1 to 3 and 9 for cross Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal the High Court may be pleased to stay all further Petition, proceedings in SC.No. 363 of 2024 on the file of X Additional District and Gurajala pending disposal of the present CrIP. This Petition coming on for hearing of Grounds of Criminal Petition and M V Prasad, Advocate for the Petitioner behalf of the Respondent. The Court made the following order: sessions Judge at upon perusing the Memorandum upon hearing the arguments of Sri J U and the Public Prosecutor on APHC010220572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4828/2025 Between: Mutchu Ambedkar ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.J U M VPRASAD Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ...RESPONDENT/COMPLAINANT 2 CRLP. No.4828 of 2025 A, THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4828 OF 2025 ORDER: 1. Heard the submissions of the learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing for the State. 2. The learned counsel appearing for the petitioner submits that the petitioner is aggrieved by the docket order, dated 28.03.2025, passed by the X Additional District & Sessions Judge, Gurajala, whereby the petitioner was denied an opportunity to cross-examine P.Ws.1 to 3 and 9. 3. It is submitted that the petitioner filed Crl.M.P.No.354 of 2024 in S.C.No. 363 of 2024 seeking recall of PWs.1 to 3 and 9 for cross-examination. The said petition was allowed by the learned Sessions Judge on 25.10.2024 on payment of costs of Rs.300/- each i.e., in total Rs. 1,200/- payable by the petitioner/accused. The matter was thereafter posted for hearing on 28.10.2024, on which date P.W.2 was present for cross- examination. However, PWsI, 3 and 9 were absent, and accordingly. the case was adjourned to 01.11.2024. On 01.11.2024, PWs.1 to 3 and 9 were again absent, leading to a further adjournment to 04.11.2024. On 04.11.2024, PWs.1 to 3 and 9 remained absent. Subsequently, on 08.11.2024, all the aforementioned witnesses were present. However, the counsel appearing for the petitioner was not available and the costs 3 CRLP. No.4828 of 2025 not paid. Consequently, the learned District ^ to the witnesses were Judge recorded ‘Nil’ cross-examination. 4. It is further submitted that the petitioner subsequently obtained a No Objection Certificate from his previous counsel and engaged a new advocate, who, upon perusal of the case records, came know the status of the case and the denial of an opportunity of to cross-examination of PWs.1 to 3 and 9. The present criminal petition is filed seeking a direction to the X Additional District and Sessions Judge, Gurajala, to permit the petitioner to further cross-examine PWs.1 to 3 and 9. 5. A perusal of the docket proceedings in Sessions Case No.363 of 2024 reveals that the recalled witnesses were not available for cross- examination on 28.10.2024, 01.11.2024, 04.11.2024 and 08.11.2024. Further, on 08.11.2024, although the witnesses were present, the counsel engaged by the petitioner was absent, and the witness fees remained unpaid, resulting in the recording of ‘Nil’ cross-examination. 6. Considering the nature of the allegations and the submissions of the learned counsel for the petitioner, it is evident that the petitioner was incapacitated due to the non-appearance of his counsel on 08.11.2024 he was unable to cross-examine the witnesses recalled. 7. On these grounds, this Court is inclined to grant one more opportunity to the petitioner to cross-examine PWs.1 to 3 and 9 on 08.05.2025 or any other convenient date as may be fixed by the learned X Additional District and Sessions Judge, Gurajala. The petitioner shall ensure that 4 CRLP. No.4828 of 2025 the cross-examination of the recalled witnesses is conducted positively on the date fixed by the learned Sessions Judge. 8. With these observations, the criminal petition stands disposed of. 9. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. 3^ Sd/- B. CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SEC OFFICER To, 1. The X Additional District and sessions Judge at Gurajala, Guntur District 2. One CC to Sri J U M V Prasad, Advocate [OPUC] 3. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 4. Three CD Copies MV RAM HIGH COURT DATED: 05/05/2025 ORDER CRLP.No.4828 of 2025 DISPOSING OFF THE CRIMINAL PETITION