HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 5607 OF 2010. DATED 26th JULY, 2010. BETWEEN T.Bharathi ….Petitioner and The State of AP, rep. By its Public Prosecutor and ors …Respondent HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 5607 OF 2010. ORDER: This is a petition ﬁled under Section 482 Cr.P.C. seeking to quash the order dated 30.10.2009 passed in Crl.M.P.No. 3370 of 2009 in CC.No. 181 of 2002, whereunder and whereby the learned II Additional Judicial Magistrate of I Class, Kadapa, dismissed the aforesaid application ﬁled under Section 311 Cr.P.C. to recall the witness-L.W.1 to give evidence. The petitioner herein is the defacto complainant. From the order impugned, it appears that even though chances were given to the petitioner, she had not appeared before the Court below to give evidence. On the earlier occasion, the petitioner ﬁled a petition under Section 311 and the learned Magistrate allowed the same, but the petitioner did not appear to depose on the particular date ﬁxed by the Court below. She produced medical certiﬁcate as a cause for not attending the Court. The learned Magistrate, on a elaborate discussion, dismissed the petition observing that that the petitioner is not abiding the orders of the Court and she is trying to dragging the proceedings. However, the learned Counsel for the petitioner submitted that the petitioner can be aﬀorded a last chance to give evidence before the Court below. Considering the facts and circumstances of the case, and in the interest of justice and for the just decision of the case, the petitioner is given one more chance to depose before the trial Court. The petitioner is directed to appear before the Court below on 28.7.2010 and ﬁle an application under Section 311 Cr.P.C. and on such application, the learned Magistrate is directed to ﬁx a date for deposing the evidence by the petitioner and on such date the petitioner is directed to appear before the Court below and give evidence. Failure to do so, the order passed by the learned Magistrate stands dismissed. With the above observation, the Criminal Petition is disposed of. ----------------------------------- JUSTICE RAJA ELANGO DATED 26th JULY, 2010. Note: Issue CC today (BO) Msnr.