HON’BLE SRI JUSTICE B.N. RAO NALLA CRIMINAL PETITION No.8021 OF 2008 ORDER: The petitioner, who is accused in C.C.No.605 of 2000 on the file of the Judicial First Class Magistrate, Asifabad, Adilabad District, has filed this petition under Section 482 of the Criminal Procedure Code, 1973 (for short “Cr.P.C.”) seeking to quash the order in Crl.M.P.No.1994 of 2008 in C.C.No.605 of 2000 dated 19.11.2008. 2. The petitioner/accused is alleged to have committed an offence under Section 409 of the Indian Penal Code, 1860, for which he was tried by the Court of Judicial First Class Magistrate, Asifabad and having found guilty for the said offence he was convicted and sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.2,000/- in default to undergo simple imprisonment for six months. The petitioner/accused thereupon filed Crl.M.P.No.139 of 2007 in Criminal Appeal No.33 of 2007 on the file of the Court of the III Additional District and Sessions Judge (Fast Track Court), Asifabad seeking to recall P.W.8 and also to admit some documents. The said Court by its orders dated 04.02.2008 in Crl.M.P.No.139 of 2007 in Criminal Appeal No.33 of 2007 directed the trial court to recall P.W.8, record his evidence, consider the matter afresh and dispose of the case on merits on the basis of the evidence. However, though the summons were issued to P.W.8, he did not appear before the trial Court for cross- examination, as such, the trial Court passed orders on 05.11.2008 closing the prosecution evidence and posting the case for arguments. Thereafter, the prosecution has filed Crl.M.P.No.1994 of 2008 under Section 317 of the Cr.P.C. seeking to reopen the case and to issue fresh summons to P.W.8. The said application was allowed by the Court of the Judicial First Class Magistrate, Asifabad by its order dated 19.11.2008. Aggrieved by the said orders dated 19.11.2008, the accused filed the present petition to quash the said order in Crl.M.P.No.1994 of 2008 dated 19.11.2008. The trial Court in the said order dated 19.11.2008 has observed that since the conditional order of the appellate Court was there, it could not give further time to the defence and that the accused failed to show convincing reasons for adjourning the case and hence, the said Crl.M.P.No.1994 of 2008 filed by the prosecution was allowed. 3. None appears for the petitioner/accused. 4. The learned Additional Public Prosecutor submits that it was the main contention of the prosecution that P.W.8 was a material witness and further submits that there are no valid grounds for maintaining the petition under Section 482 of the Cr.P.C. 5. Having regard to the facts and circumstances of the case and also after hearing the learned Additional Public Prosecutor, this Court is of the view that it is not a fit case to quash the proceedings exercising the powers under Section 482 of the Code of Criminal Procedure, 1973 and as such the petition is liable to be dismissed. 6. In the result, the Criminal Petition is dismissed. ________________ B.N. RAO NALLA,J 10.11.2011 MR HON’BLE SRI JUSTICE B.N. RAO NALLA CRIMINAL PETITION No.8021 OF 2008 10.11.2011 MR