THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos.6854 & 6855 of 2011 COMMON ORDER: In both these petitions, the parties are same and the issue involved is also same, therefore they are being disposed of by this common order. Criminal Petition No.6854 of 2011 is filed with a prayer to quash order dated 15.07.2011 passed by the II-Metropolitan Magistrate, Cyberabad, L.B.Nagar, Hyderabad, in Crl.M.P.No.1389 of 2011 in C.C.No.766 of 2009, whereby the petition filed by the petitioner/accused on 15.07.2011 invoking the provisions under Section 311 Cr.P.C. to recall PW.1/defacto-complainant for cross- examination was dismissed on the ground that neither the petitioner/accused nor his counsel stated any reason for not doing cross-examination of PW.1 on the days when they were given opportunity to do so. Criminal Petition No.6854 of 2011 is filed seeking to quash order dated 29.07.2011 passed by the II-Metropolitan Magistrate, Cyberabad, L.B.Nagar, Hyderabad, in Crl.M.P.No.1423 of 2011 in CC.No.766 of 2009, whereby the petition filed by the petitioner/accused on 19.07.2011 under Section 311 Cr.P.C. to recall PW.1/complainant for cross-examination was dismissed. Learned counsel for the petitioner, while conceding that the petitioner failed to cross-examine PW.1 in spite of giving sufficient opportunities, persuaded the court to give one more opportunity to the petitioner to cross-examine PW.1 for the just decision of the case. In the facts and circumstances of the case, the learned II- Metropolitan Magistrate, Cyberabad at L.B.Nagar, Hyderabad, is directed to give one more opportunity to the petitioner/accused to cross-examine the defacto-complainant/2nd respondent herein by fixing a date, and on that date, the petitioner is directed to cross- examine the defacto-complainant. On failure on the part of the petitioner to do so, the learned Magistrate is directed to proceed with the matter in accordance with law. With the above direction, these criminal petitions are disposed of. Miscellaneous petitions filed in this criminal petition, if any, shall stand closed. ____________________ JUSTICE RAJA ELANGO 09.08.2011 v v