IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE THIRTEENTH DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.6703 OF 2010 Between : N.Hari Kumar ....PETITIONER/A-2 A N D The State of A.P. …RESPONDENT THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.6703 OF 2010 ORDER: This Criminal Petition under Section 482 of Cr.P.C. is filed by the petitioner / Accused No.2 with a prayer to direct the II Additional Judicial First Class Magistrate, Tirupati to recall PW-1 for cross examination in C.C.No.546 of 2007. 2. Learned counsel for the petitioner / Accused No.2 submits that the petitioner filed the petition to recall PW-1 for the purpose of further cross- examination. The learned Magistrate dismissed the application stating that the petitioner has not filed the petition in earlier occasions and now the petitioner is approaching this Court at the time of examination of the accused under Section 313 Cr.P.C. 3. As seen from the order the learned Magistrate did not complete 313 Cr.P.C., examination prior to filing of any application by the petitioner. 4. Learned counsel for the petitioner / Accused No.2 further submits that he is ready for further cross-examining the witness after completion of 313 Cr.P.C. examination of the accused. In view of the same, this Court is inclined to pass the following order: The petitioner is directed to file a petition under Section 311 Cr.P.C. after completion of 313 Cr.P.C. examination of the accused before the trial Court. On filing of such application, the learned Magistrate is directed to allow the petitioner by fixing a date and also fixing the amount as batta to the witness concerned. 5. With the above observation, the Criminal Petition is disposed of. _________________________ JUSTICE RAJA ELANGO JULY 13, 2010. YVL