THE HON’BLE SRI JUSTICE P.DURGA PRASAD CRIMINAL PETITION NO.3166 OF 2008 ORDER: This is a petition filed under Section 482 Criminal Procedure Code (for short Cr.P.C.) for quashing the proceedings in Crl.M.P.No.154 of 2008 passed by the Special Judge for SPE & ACB Cases, Nellore. 2. The petitioner herein has filed the above said Criminal Miscellaneous Petition under Section 311 Cr.P.C. for reopening of the case and to allow the prosecution to examine Y.Chandrasekhar Raju as a witness on their behalf. The Special Judge for SPE & ACB Cases, Nellore has dismissed the said application as the evidence of the prosecution was already closed and the learned counsel for the Accused Officer cross-examined all the witnesses, as such it was caused prejudice to the Accused Officer if L.W.1 is examined at this stage. 3. The petitioner’s counsel contends that the said witness Y.Chandrasekhar Raju is the complainant in the above said case and he could not be produced before the Court at the appropriate time as he was working at Kuwait and he was unable to come to give evidence in this case because he could not be able to bear the expenses. This Court while admitting the Criminal Petition passed interim Order directing the lower Court to examine the said witness forthwith and the question as to whether his evidence has to be taken into consideration or not would be decided at the time of final disposal of the Criminal Petition. 4. Admittedly, the said witness Y.Chandrasekhar Raju is the complainant in this case and he cited as L.W.1 and from whom the Accused Officer has demanded bribe for doing official favour. Petitioner has filed the above said application for reopening of the case and for examination of the said witness when the prosecution evidence is closed. Since the said witness is the main witness in this case and he being the complainant and he could not be produced at the appropriate time by the prosecution as he was working in Kuwait and he has already examined by the lower Court as per the directions of this Court, I hold that the petitioner is entitled for consideration of the evidence of said Y.Chandrasekhar Raju on behalf of the prosecution. 5. Hence the orders passed in Crl.M.P.No.154 of 2008 by the learned Special Judge for SPE & ACB Cases, Nellore, are hereby quashed and the evidence of Y.Chandrasekhar Raju, already recorded by the lower Court be taken into consideration for the disposal of the case. Accordingly, the petition is allowed. _______________________ P.DURGA PRASAD, J 18th March, 2011 KSP