THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11842 of 2011 ORDER: Petitioner-Accused approached this Court with a prayer to set aside the order passed in Crl.M.P.No.61 of 2011 dated 08.08.2011 in S.C.No.443 of 2009 by the learned VIII Additional Sessions Judge, L.B.Nagar, Ranga Reddy District, whereby the learned Sessions Judge dismissed the application filed by the petitioner invoking the provisions under Section 311 Cr.P.C. Heard. The petitioner is facing trial in a case for the offence under Section 306 IPC in S.C.No.443 of 2009. During the time of trial, the petitioner preferred a petition before the court concerned to recall P.W.2, who is the mother of the deceased for further cross- examination on the ground that she is the cause for the suicide of the deceased. To establish the same, he wants to mark some of the FIR registered against P.W.2. Learned Sessions Judge dismissed the application on the ground that it is the duty of the prosecution to prove the guilt and there is no need for further cross-examination of the said witness. This Court is of the view that the order passed by the learned Sessions Judge is in accordance with law. But at the same time, the offence being very serious in nature, one more opportunity can be given to the petitioner to further cross-examine P.W.2. Hence, the trial Court is directed to give an opportunity to the petitioner to cross-examine P.W.2 on imposing costs of Rs.1500/-(Rupees fifteen hundred only) and also fix a date to cross-examine the said witness. The petitioner is also directed to cross-examine the said witness on the date fixed by the learned Sessions Judge. With the above observation, the Criminal Petition is disposed of. Miscellaneous petitions filed along with the Criminal Petition, if any, shall stand closed. _____________________ JUSTICE RAJA ELANGO 28th December 2011 Rns