THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.5060 of 2011 Date: 27.06.2011 Between: Chemukula Venkateswarlu and others …..Petitioners And State of A.P., rep. by Public Prosecutor, High Court of A.P., Hyderabad. …..Respondent THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.5060 OF 2011 ORDER: Petitioners are some of the accused in S.C.No.341 of 2007 on the file of the Court of I Additional District & Sessions Judge, Nellore (trial Court). The trial in the said case went on. 2. It is seen that subsequently the petitioners herein filed Crl.M.P.No.298 of 2011 in the trial Court under Section 311 of Code of Criminal Procedure (Cr.P.C.) for recalling of five witnesses viz., P.Ws.1, 7, 10, 12 and 13 for further cross-examining them on various pleas. After hearing the prosecution side, the trial Court by its order dated 9.6.2011, has dismissed the application on the ground that there was no case made out for recalling of said witnesses. Against that order, the petitioners filed this criminal petition. 3. Heard Ms.Sangeetha Nair, Advocate appearing for learned counsel for petitioners and also learned Additional Public Prosecutor. 4. The impugned order of the trial Court no doubt shows that it proceeded to dismiss the application in question on the ground that counsel for the petitioners was given several opportunities to cross- examine the above witnesses, but the said opportunities were not availed and therefore the said witnesses cannot be recalled now. The trial Court no doubt recorded its reasons. 5. It may however be noted that there are altogether 39 accused in the case. They are facing trial for serious charges such as Sections 148, 324, 307 and 302 read with Section 149 I.P.C. The learned counsel for the petitioners says that having regard to the serious nature of the charges, the petitioners may be given one more opportunity to cross- examine the above witnesses in the interest of justice and that she is ready to abide by any condition imposed by this Court. Heard learned Additional Public Prosecutor also on this aspect. It is seen that the Additional Public Prosecutor need not get any further instructions in the matter when the question is about giving one more opportunity to the petitioners to cross-examine the above witnesses as they are facing serious criminal charges. 6. In the circumstances of this case, I am of the opinion that the petitioners should be given a fair opportunity. Accordingly, this petition is allowed and the impugned order is set aside and the trial Court is directed to give one more opportunity to the petitioners by fixing a schedule at the earliest for further cross-examination of the above witnesses subject to the condition of petitioners depositing a sum of Rs.5,000/- (Rupees five thousands only) immediately in the trial Court to defray the expenses of the above witnesses as per Rules. 7. Petitioners are directed to see that their counsel would be ready for further cross-examination of the above witnesses on the date fixed by the trial Court. The trial Court shall fix an early date by giving sufficient notice to the learned counsel for the petitioners. 8. Accordingly, this criminal petition is allowed in the above terms at the admission stage. ___________________________ JUSTICE N.RAVI SHANKAR 27th June, 2011. Tjmr THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.5060 of 2011 DATE: 27.06.2011