IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5115 OF 2008 Between: Madupuri Babji … PETITIONER And 1. G. Murali & 6 others 8. The State of A.P. … RESPONDENTS This Court made the following: HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5115 OF 2008 ORDER: 1. The de facto complainant/P.W.1/injured in C.C.No.233 of 2003 is questioning order dated 29.07.2008, passed by the Additional Judicial Magistrate of the I Class, Srikalahasti, in Crl.M.P.No.1211 of 2008, dismissing the petition filed under Section 311 Cr.P.C. to summon Radiologist for marking Radiologist report. The respondents 1 to 7/A1 to A7 are accused of offences including one punishable under Section 326 I.P.C. in that case. 2. Though originally in the charge sheet, the Radiologist was not cited as witness, subsequently on petition filed by the Assistant Public Prosecutor, the lower Court issued summons to the Radiologist for her examination. But the summons addressed to the Radiologist was returned unserved on the ground that she was in maternity leave. Thereupon, the Assistant Public Prosecutor gave up her evidence. Now, the petitioner filed the present petition in the lower Court with endorsement of the present Assistant Public Prosecutor to summon the same Radiologist, making allegations against the previous Assistant Public Prosecutor that he colluded with the accused in giving up the Radiologist. For want of evidence of the Radiologist, the case has been pending in the lower Court since a long time. It is in the interests of justice that the Radiologist has to be examined, particularly when the offence alleged is one under Section 326 Cr.P.C. 3. In the result, the criminal petition is allowed directing the lower Court to summon the Radiologist and to examine her and to dispose of the old matter as expeditiously as possible. ______________________________ SAMUDRALA GOVINDARAJULU, J August 19, 2010 KL HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5115 OF 2008 August 19, 2010 KL