THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2178 of 2011 ORDER: This Criminal Revision Case is directed against the order dated 17.10.2011 and 20.10.2011 in C.C.No.332 of 2009 on the file of the learned XV Additional Judge-cum-XIX Additional Chief Metropolitan Magistrate at Hyderabad. 2. Heard learned counsel for the petitioner and the learned counsel for the respondents. Perused the records. 3. Earlier, when the trial Court posted the matter for examination of the accused under Section 313 Cr.P.C., at that stage the petitioner- A3 filed an application in Crl.M.P.No.5428 of 2010 in C.C.No.332 of 2009, seeking to recall PW.1 for further cross-examination, and the learned Magistrate dismissed the application by order dated 29.09.2010. Aggrieved thereby, the petitioner filed Criminal Revision Case No.2130 of 2010 before this Court and the same was disposed of by order dated 15.07.2011 observing as follows: “..The above request of the learned counsel for the petitioner is accepted in the interest of a fair trial, however, subject to the condition that the petitioner shall pay costs of Rs.1000/- (rupees one thousand only) to the other side and shall complete the further cross- examination of P.W.1 within two weeks from today and in the event of her failure to avail a single opportunity her right to further cross-examine P.W.1 would stand forfeited and it is open to the trial Court to proceed with the matter further in accordance with law. The trial Court may dispose of the case at an early date, preferably within a period of three months.” 4. Today, when the matter came up for hearing, learned counsel for the petitioner produced a copy of the docket proceedings of the trial Court. A perusal of the said docket proceedings clearly shows that despite this Court giving an opportunity to the petitioner to further cross-examine PW.1 subject to payment of costs of Rs.1,000/- to the other side and to complete further cross-examination of PW.1 within two weeks from the date of the order passed by this Court, the petitioner failed to avail the opportunity given to him. As such, the trial Court closed the further cross-examination of PW.1 on behalf of the petitioner/A-3 on 17.10.2011 and posted the matter to 20.10.2011 for further defence side evidence if any, as a last chance. Thereafter, even on 20.10.2011, as there was no representation on behalf of the accused, the further defence side evidence was closed. Aggrieved thereby, the present Criminal Revision Case is filed. 5. Learned counsel for the petitioner submits that the petitioner could not comply the conditions imposed by this Court in the order, dated 15.07.2011, in Crl.R.C.No.2130 of 2010, due to boycott of Courts by the advocates, therefore, prayed this Court to permit the petitioner to cross-examine P.W.1. 6. Considering the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner, the Criminal Revision Case is disposed of directing the petitioner to appear before the trial Court on or before 15.12.2011, on which date the learned XV Additional Judge-cum-XIX Additional Chief Metropolitan Magistrate, Hyderabad, shall permit the petitioner to cross-examine P.W.1 on condition of the petitioner paying costs of Rs.1,500/- (Rupees one thousand five hundred only) to the other side. ____________________ JUSTICE RAJA ELANGO 03.11.2011 v v