HON’BLE SRI JUSTICE G.BHAVANI PRASAD Criminal Petition No.7538 of 2009 and Crl.P.SR.Nos.26723 and 26726 of 2009 Dated : 17.09.2009 Between : Madarapu Vijay @ Tourist Vijay ….. Petitioner a n d The State of A.P. ….. Respondent HON’BLE SRI JUSTICE G.BHAVANI PRASAD Criminal Petition No.7538 of 2009 and Crl.P.SR.Nos.26723 and 26726 of 2009 COMMON ORDER: Heard Sri A.Prabhakar Rao, learned counsel for the petitioner in all the cases, and Sri A.Ramesh, learned counsel representing the learned Public Prosecutor, for the sole respondent in all the three petitions. The petitioner is aggrieved by the common order passed by the I Additional Sessions Judge, Khammam, in full additional charge of II Additional Sessions Judge (FTC-I), Khammam, on 01.09.2009 in Crl.M.P.Nos.11, 12 and 13 of 2009 in S.C.No.341 of 2008 allowing the petitions for reopening the trial, recalling P.W.1 and receiving the Board of Secondary Education certificate of V.Umasree, in spite of opposition by the petitioner’s counsel. The trial Judge observed that for the purpose of coming to a conclusion regarding the nature of the offence committed by the petitioner, the age of the deceased is essential. The said view of the learned Sessions Judge about the relevancy of the document, sought to be produced by P.W.1, cannot be said to be unfounded or unreasonable and the circumstances under which such a document is sought to be produced at a belated stage and the effect of the same on the acceptability of the document and also the probative value of the same for determination of the age of the deceased are questions, which the trial Court has to consider on merits while determining the guilt or otherwise of the petitioner in the sessions case. Such a relevant piece of evidence need not be excluded from consideration merely on the ground of delay and the impugned common order does not appear to be one passed without jurisdiction or without justification and therefore, any interference in exercise of the inherent powers of this Court is not called for. Therefore, all the criminal petitions are dismissed. ______________________ G.BHAVANI PRASAD, J 17th September, 2009 sur