IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.2523 of 2007 DATE:03.06.2010 Between: Yeturu Bhakthavastsala Reddy …… Petitioner/Accused. And: K.Srinivasachary and others. …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.2523 of 2007 ORDER: This petition is filed questioning the order dated 26.03.2007 passed in C.F. No.1314 of 2007 in C.C. No.102 of 1999 and also docket order dated 19.09.2006 passed in C.C. No.102 of 1999 by the Additional Judicial Magistrate of the First Class, Kovur, Sri Potti Sriramulu Nellore District. The case in the lower Court has been pending since the year 1999 for the last 11 years. It was coming up for trial in the lower Court since the year 2003. The petitioner/defacto-complainant was dodging to give evidence from the year 2003 till the year 2007. The petitioner was examined in chief as P.W-1 in part on 15.07.2003 and was successfully dragging on the matter till the year 2006. On 19.09.2006 his examination in chief was completed. But, he did not tender himself for cross examination on the ground that his Advocate was not present in Court. Presence of complainant’s advocate is not necessary for cross examination of P.W.1. Having filed the case in the lower Court in the year 1999 against 15 accused persons, it is evident that the petitioner wanted to harass them further. Having fed up with the attitude and tactics of the petitioner/complainant/P.W.1 and perhaps his counsel, the lower Court rightly closed P.W.1’s evidence and rightly eschewed his evidence from record as he did not tender himself for cross examination even though physically present in Court. Thereupon, he filed C.F. No.1314 of 2007 in lower Court under Section 311 Cr.P.C for permitting him to give evidence on the ground that he was suffering from Chickun Gunnya on 19.09.2006. Having come to the Court located at Kovur from his village in Indupur of Allur Mandal, the petitioner wants the Court to believe that he was suffering from Chickun Gunnya on that day. In all trial Courts in this state, chairs are assigned for the witnesses during the course of their examination and they are allowed to sit and give evidence in Court. It is evident that the petitioner’s intention was nothing but dilatory tactics. The lower Court rightly negatived his request under Section 311 Cr.P.C having regard to special circumstances of the case. I do not find any merits as well as bonafides in this petition. 2) Hence, this petition is dismissed. _______________________________ SAMUDRALA GOVINDARAJULU, J June 3, 2010 KSH