HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1128 of 2011 ORDER: The petitioner-Accused No.1 approached this Court with a prayer to set aside the order, dated 20.01.2011, passed by II Additional Judicial First Class Magistrate, Kothagudem, in Crl.M.P.No.82 of 2011 in C.C.No.326 of 2010, whereby the application filed by the petitioner under Section 311 Cr.P.C. seeking to examine one Keloth Anitha as a witness was dismissed. The learned Magistrate dismissed the said application on the ground that the said girl is not cited as a witness in the charge sheet and further, the said witness is a minor. Learned counsel for the petitioner submitted that the said girl by name Keloth Anitha is the daughter of the de facto complainant and she was present in the house at the time of occurrence of the said incident and as such, she is an eye-witness to the same. Heard both sides. In view of the fact that the said Keloth Anith, who is sought to be examined as witness is the daughter of the de facto complainant, and is an eye-witness to the occurrence of the incident, this Court is of the view that one opportunity can be given to the petitioner to examine her. Accordingly, the Criminal Petition is allowed and the impugned order is set aside and the learned II Additional Judicial First Class Magistrate, Kothagudem, is directed to examine the said witness-Keloth Anitha before 28.02.2011 and the petitioner is also directed to co- operate with the Court and examine the said witness on the date fixed by the learned Magistrate. On failure to do so, the present order shall stand vacated. ______________________ JUSTICE RAJA ELANGO 07th February, 2011 DR