1 APHC010431852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8809/2025 Between: 1. DR VALE KIRAN KUMAR, S/O. SURYA SEKHAR, AGED ABOUT 51 YEARS, R/O. FLAT NO.F4, BALAJI PARADISE APARTMENT, SAVITHRI NAGAR, HUKUMPETA, RAJAMAHENDRAVARAM RURAL, EAST GODAVARI DIST. ...PETITIONER/ACCUSED AND 1. LANKAPALLI SRINIVASA RAO, S/O. SURYANARAYANA, AGED ABOUT 56 YEARS, R/O. D.NO. 23-16-13/1, NEAR CGTM JUNIOR COLLEGE, HARIPURAM, LALITHA NAGAR, RAJAMAHENDRAVARAM, EAST GODAVARI DIST. 2. THE STATE OF ANDHRA PRASH, THROUGH THE S.H.O., BOMMURU P.S, RAJAMAHENDRAVARAM RURAL, REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. G L NAGESWAR RAO Counsel for the Respondent/complainant(S): 1. VARA LAKSHMI CHEKURI 2. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8809/2025 ORDER: The instant petition under Section 528 of BNSS has been filed by the Petitioner / Defacto complainant against the Order dated 04.08.2025 passed in Crl.M.P.No.45 of 2025 in S.C.No.168 of 2022 on the file of the Court of II Additional Assistant Sessions Judge, Rajamahendravaram, East Godavari District. 2. Heard Sri G.L.Nageswar Rao, learned counsel for the petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the State and Smt Ch.Vara Lakshmi, learned counsel for the respondent No.1. 3. Learned counsel for the petitioner would submit that the application filed by the State under Section 311 Cr.P.C. was dismissed by the trial Court on the ground that allowing it would amount to filling up the lacunae in the prosecution case, which is only a subsidiary factor. Learned counsel would further submit that non-examination of the proposed witness will cause loss and hardship to the petitioner/defacto complainant and that no prejudice would be caused to the accused by permitting such examination. 4. Learned Assistant Public Prosecutor would submit that the examination of this witness is very much necessary to prove the guilt of the accused beyond all reasonable doubt. Since the burden lies on the prosecution, an opportunity may be given to examine this witness, as the investigating officer could not examine them earlier and did not mention their names in the charge sheet. Learned Assistant Public Prosecutor would further submit that the 3 evidence of the proposed witness, whose particulars are clearly mentioned in the petition, is essential for the just and proper adjudication of the matter. 5. Learned counsel for the respondent/accused would submit that the prosecution has filed this petition at a belated stage, after the examination of twelve witnesses, only to drag on the case. It is further submitted that a speedy trial is the fundamental right of the accused. 6. As seen from the material placed on record it is alleged that there was lot of conversation took place between the deceased during her life time with the proposed witness with regard to the harassment made by accused against her. It is also alleged that documentary evidence is also available with the proposed witness with regard to the transactions between the deceased and the accused which abetted the commission of suicide by the deceased. 7. In such circumstances, considering the submissions made, to give a fair opportunity to the Petitioner to prove his contentions, in the interest of justice, the Criminal Petition is allowed setting aside the Order dated 04.08.2025 passed in Crl.M.P.No.45 of 2025 in S.C.No.168 of 2022 on the file of the Court of II Additional Assistant Sessions Judge, Rajamahendravaram, East Godavari District. The learned Trial Judge is directed to issue summons to the proposed witness and fix a date for his examination. 8. With the above directions, the Criminal Petition is allowed. Consequently, miscellaneous petitions, pending if any, shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:18.09.2025 Dinesh/Asr 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.8809 OF 2025 Dt.18.09.2025 Dinesh/Asr