THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.1036 of 2009 ORDER: This criminal petition is filed against the order dated 06.02.2009 passed in Crl.M.P.No.588 of 2009 in C.C.No.51 of 2005 on the file of XI Additional Chief Metropolitan Magistrate, Secunderabad. 2. Crl.M.P.No.588 of 2009 was filed by the petitioner – accused under Section 311 Cr.P.C. seeking to recall P.W.1 and the same was dismissed by the learned Magistrate by the impugned order. 3. While issuing notice before admission on 19.02.2009, this Court granted interim stay, which was made absolute on 23.03.2010. 4. Admittedly, the said C.C. is of 2005 and the same was an identified matter for the earliest disposal by the learned Magistrate. As seen from the record, it is clear that the petitioner – accused had already examined P.W.1 in cross at length and when he was given sufficient opportunity, which was availed by him, he cannot again file a petition for recalling P.W.1 and this Court is of the view that recall of P.W.1 is not required in the circumstances of the case. 5. Accordingly, this Criminal Petition is dismissed. However, the Court below is directed to dispose of C.C.No.51 of 2005, since it being an identified matter for the earliest disposal and as the trial was already completed, as expeditiously as possible. ___________________________ GOPALA KRISHNA TAMADA, J 12th July, 2010 GHN