HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No.5602 of 2011 Date: July 13, 2011 Between: 1. Saarepalli Sreenivas & 4 others … Petitioners/ Accused Nos.1 to 5 And State of A.P., rep. by Public Prosecutor, High Court, Hyderabad. … Respondent/ Complainant * * * HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No.5602 of 2011 O R D E R: This application is filed to quash framing of an alternative charge under Section 304-B IPC against the petitioners/accused in S.C. No.1 of 2007 on the file of I Additional Sessions Judge, West Godavari, Eluru. The petitioners/accused are originally tried for the offences under Sections 302, 498 (A) and 201 IPC in the said case. 2. It appears that when the matter was heard and posted for judgment, the learned Sessions Judge reopened the matter and framed an alternative charge under Section 304-B IPC against the petitioners/accused. The senior counsel appearing for the petitioners does not dispute with regard to the power of the Court in framing an alternative charge or necessary charge before delivery of the judgment. But however, it is the duty of the Court to give an opportunity to the accused persons to recall the witnesses and give them an opportunity for further cross- examination of the witnesses. If such an opportunity is not given by the lower Court, the lower Court shall make every endeavour to give opportunity to the petitioners/accused to cross-examine the witnesses on the charge additionally framed against the petitioners. 3. With the above directions, the criminal petition is disposed of. ____________________________ N.R.L. NAGESWARA RAO, J Date: July 13, 2011. BSB