THE HON’BLE SRI JUSTICE P.S. NARAYANA CRIMINAL PETITION No.326 OF 2010 Dated : 11.03.2010 Between : Rambilas Agarwal … Petitioner A n d 1) Ms.Anita Agarwal 2) The State of A.P. … Respondents THE HON’BLE SRI JUSTICE P.S. NARAYANA CRIMINAL PETITION No.326 OF 2010 ORDER : Heard the counsel. 2) The order under challenge reads as hereunder: “ The stage of the matter is relevant to be noted. The matter is coming for the evidence of the respondent from 06.11.2009. The respondent/husband wants to recall PW1 for further cross examination stating that new facts have come to their knowledge after the cross examination of PW1. However, the details of the facts were not mentioned in the petition. The counsel stated that they relate to the means of the petitioner. The respondent relied upon 2009 (1) ALD p.715 dealing with the object and principle of Sec.311 Cr.P.C. The Supreme Court has laid down the guidelines to be followed by the trial courts while dealing with applications U/Sec.311 Cr.P.C. It was held that where the witness was cross examined at length, recall of the same witness should not be ordered. PW1 was cross examined at length. The respondent can speak to the means of the petitioner in his evidence. As such, for that purpose, further cross examination of PW1 is not necessary. The respondent can depose to the facts that came to his knowledge after the evidence of PW1. There are no merits in the petition. Hence, dismissed.” 3) This Court, while admitting the Criminal Petition, granted interim stay. An application to vacate the stay had been filed. 4) Several grounds had been raised and several submissions had been made. In the light of the reasons, which had been recorded in the order under challenge, this Court does not see any reasons to interfere. 5) Therefore, the Criminal Petition is dismissed. __________________ P.S. NARAYANA, J 11th March, 2010 SUR