IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.3316 of 2008 DATE:22.07.2010 Between: Mittapalli Madhukar Reddy …… Petitioner And: The State of A.P. rep. by its Public Prosecutor And others. …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.3316 of 2008 ORDER : The petitioner who is son of the deceased and defacto-complainant questions order dated 30.04.2008 passed by the VII Additional Sessions Judge (Fast Track Court), Madanapalle in Crl.M.P.No.38 of 2008 in S.C. No.132 of 2007 allowing the petition filed by the accused under Section 311 Cr.P.C recalling P.Ws 1 to 10, 15, 21, 23, 24, 26, 27, 28, 29 for further cross- examination. 2) The lower Court allowed the said petition without giving any reasons whatsoever. The lower Court grossly erred in allowing the petition in a casual manner without giving reasons. The order is ex facie bad in law. 3) Simply because a senior advocate engaged by the accused fell ill and adjournment was sought for on that ground and was refused, the accused cannot claim recall. Now, the accused engaged another senior advocate from another district. For the luxury of the accused in engaging senior counsel from one place or the other, the witnesses cannot be allowed to go round the Court. The lower Court did not even impose any condition on the accused for the facility of cross-examining the witnesses again and again. 4) In the circumstances and in the interest of justice, the respondents 2 to 8/A-1 to A-7 are directed to pay at the rate of Rs.500/- for each witness per every day of their appearance in the lower Court as condition for recalling the above witnesses. 5) The petition is ordered accordingly. _______________________________ SAMUDRALA GOVINDARAJULU, J July 22, 2010 KSH