THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8122 of 2011 ORDER: Petitioner/Accused No.1 approached this Court challenging the order dated 10.05.2011 passed by IV Additional Chief Metropolitan Magistrate at Hyderabad in Crl.M.P.No.910 of 2011 in C.C.No.1761 of 2004, whereby the petition filed by him under Section 311 Cr.P.C., seeking to recall PWs.1 and 2 for cross-examination, was dismissed. Learned counsel for the petitioner submitted that on the date of posting the matter for cross-examination of PWs.1 and 2, the counsel for the petitioner was suffering from viral fever and, as such, PWs.1 and 2 could not be cross-examined on that day. He further submitted that the petitioner has every chance of succeeding the case if he is afforded with an opportunity of cross-examining PWs.1 and 2. Hence, he prayed to set aside the impugned order passed by the trial Court by giving an opportunity to cross-examine PWs.1 and 2. On perusing the impugned order, this Court is not inclined to interfere with the same, but taking into consideration the persuasion of the learned counsel for the petitioner and also the fact that the dispute is between the brothers, an opportunity to cross-examine PWs.1 and 2 can be given to the petitioner. Accordingly, the petitioner is directed to file a fresh application before the trial Court to recall PWs.1 and 2 for cross-examination, and shall also pay costs of Rs.3,000/- each to PWs.1 and 2 in the case. On such application being filed and payment of costs, the learned Magistrate is directed to allow the petition giving an opportunity to the petitioner by fixing a date for cross-examination of PWs.1 and 2, and upon fixing a date for such purpose, the petitioner is directed to cross- examine PWs.1 and 2. In the event of petitioner failing to do so, the learned Magistrate is directed to proceed with the matter in accordance with law. With the above directions, the criminal petition is disposed of. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. ____________________ JUSTICE RAJA ELANGO 08.09.2011 v v