IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD FRIDAY, THE FIFTEENTH (15TH) DAY OF JULY, TWO THOUSAND AND ELEVEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY Criminal Petition No.5816 of 2011 Between: Simhadri Lakshmi & 2 others …Petitioners And: State of A.P., rep. by its Public Prosecutor, High Court of A.P., Hyderabad … Respondent HON’BLE SRI JUSTICE G.V.SEETHAPATHY Criminal Petition No.5816 of 2011 ORDER: This petition is filed under section 482 Cr.P.C. assailing the order dated 05.07.2011 in Crl.M.P.No.446 of 2011 in SC No.160 of 2010 on the file of the Mahila Court, Vijayawada, wherein the said application filed by the petitioners herein-accused seeking recall of PW.5 for cross-examination, was dismissed. 2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent-State. Perused the record. 3. The petitioners herein-accused are facing prosecution for the offence under Section 366 IPC and Sections 3 and 4 of the Prevention of Immoral Traffic Act. The trial is in progress. As seen from the impugned order, when PW.5 was examined in chief, learned counsel for the petitioners-accused sought a pass over of the matter for 10 minutes and subsequently, did not turn up to cross examine the witness and hence, cross-examination of PW.5 was recorded as ‘nil’. Learned counsel for the petitioners would submit that the learned counsel appearing for the accused before the trial Court had to suddenly leave the Court, as he received information of some accident to his nearer relative and therefore, he could not cross-examine PW.5 on that day. He would further request that an opportunity may be given to the accused to cross examine PW.5 in the interest of justice. 4. Having regard to the fact that the petitioners-accused cannot be penalized for the lapse on the part of their counsel, it is considered that an opportunity can be given to the petitioners in the interest of fair trial to cross-examine PW.5. The impugned order is accordingly set aside. The petitioners right to cross- examine PW.5 stands cancelled, if they do not avail the opportunity to cross-examine PW.5 on the date that may be fixed by the trial Court. 6. The criminal petition is disposed of accordingly. __________________ G.V.SEETHAPATHY, J Date: 15.07.2011 bss