HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7898 OF 2010 Dated : 20.08.2010 Between : P.Durga Prasad Naidu … Petitioner-Accused A n d 1) G.Sunmohan Reddy 2) The State of A.P. … Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7898 OF 2010 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure by the petitioner-accused being aggrieved by the order dated 25.06.2010 passed in Crl.M.P.No.2775 of 2010 in C.C.No.255 of 2008 by the XX Additional Chief Metropolitan Magistrate, Hyderabad. Petitioner filed the impugned petition under Section 311 of the Code of Criminal Procedure seeking to recall P.W.1 for cross examination, which was dismissed by the learned Magistrate. As against the same, he filed the present petition. Heard. Learned counsel for the petitioner submitted in spite of paying costs of Rs.500/- as ordered by the learned Magistrate in an earlier application, P.W.1 could not be cross examined. In view of the same, he prayed to allow the Criminal Petition. It is evident from the material available on record that in an earlier occasion, petitioner filed Crl.M.P.No.4285/2009 under Section 311 Cr.P.C., which was allowed by the learned Magistrate on condition of the petitioner paying costs of Rs.500/-. In pursuance of the same, petitioner also paid Rs.500/- to the complainant. However, on the next date of hearing, due to absence of the complainant, he was not cross examined by the accused and the matter was posted to 22.12.2009. Again on 22.12.2009, the counsel for the petitioner could not appear before the learned Magistrate, due to which, the learned Magistrate dismissed Crl.M.P.No.4285 of 2009 and as against the same petitioner filed the impugned petition, which was again dismissed by the learned Magistrate. Learned counsel for the petitioner submitted before this Court that he is ready to cross examine the witness on 27.08.2010, on which date the Calendar Case is posted before the trial Court. In view of the submission of the learned counsel for the petitioner and also on the ground of the petition, this Court is of the view that finally an opportunity can be given to the petitioner to defend his case. However, he should be burdened with some costs. Accordingly, the Criminal Petition is disposed of directing the learned Magistrate to allow the petitioner to cross examine P.W.1 on 27.08.2010 in one sitting subject to the condition of his paying Rs.500/- towards expenses to P.W.1. Miscellaneous Petitions filed in the Criminal Petition shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 20.08.2010 Note : Issue C.C. by 24.08.2010 B/o. sur