THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL PETITION No.7534 of 2009 BETWEEEN: 1. Mammillapalli Sreenivasulu & 4 others. … Petitioners AND The State of A.P. … Respondent THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.7534 of 2009 ORDER: After hearing the petitioners’ counsel and the Public Prosecutor and after perusing the impugned order passed by the lower Court, I am of the opinion that if this Court undertakes further scrutiny at this stage and gives an elaborate order on the aspects touching merits of the case, the petitioners/accused are going to suffer serious prejudice in the pending trial before the lower Court. 2. For the purpose of disposal of this petition, it is sufficient to observe that the lower Court while holding that evidence of PW-1 is relevant and admissible under the provisions of the Indian Evidence Act, fairly stated that “it is always open to the accused to canvas before the Court at the time of final disposal of the case regarding effect of Sections 24 to 26 with regard to the statement of A1 & A2 before PW1 as incorporated in First Information Report”. Fair mind of the lower Court is evident from the above quoted observation in the impugned order. In any event, even though the particular piece of evidence of PW-1 is relevant and admissible under the provisions of the Indian Evidence Act, it would be open for the defence counsel to urge and to the lower Court to consider whether the said evidence of PW1 stands to the test of reliability and veracity. The said question will be finally decided by the trial Court at the time of arguments to be addressed at the stage of Section 314 Cr.P.C. 3. Subject to the above observations, the Criminal Petition is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 28.03.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.7534 of 2009 DATED: 28.03.2011 ysk