HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7741 OF 2010 Dated : 17.08.2010 Between : M.Rajeswari … Petitioner-Accused A n d 1) Smt.V.Varamma 2) The State of A.P. … Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7741 OF 2010 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure is filed by the petitioner-accused seeking to set aside the order dated 22.07.2010 passed in Crl.M.P.No.3345 of 2010 in S.T.C.No.270 of 2009 on the file of the II Additional Judicial Magistrate of First Class, Tirupati, Chittoor District. The impugned petition is filed by the petitioner under Section 311 Cr.P.C. seeking to recall P.W.1 for the purpose of further cross- examination in order to elicit the exact address of the petitioner- accused and the same was dismissed by the learned Magistrate by the impugned order. Aggrieved by the same, the present Criminal Petition is filed. Heard. Learned counsel for the petitioner submitted that further cross- examination of P.W.1 is very much necessary for proving his contention that legal notice was issued to a wrong address. Learned counsel for the first respondent submitted that the very same ground was taken by the accused before the learned Magistrate and the learned Magistrate rejected the plea of the petitioner after assigning sufficient reasons. Hence, this petition is liable to be rejected. While adjudicating the impugned petition, the learned Magistrate observed that an attempt was already made by the petitioner while cross examining P.W.1 to elicit the exact address of the accused, which is sufficient and thereby dismissed the impugned petition. This Court is unable to see any reasons to find fault with the impugned order. However, in order to avoid further delay in disposal of the Summary Trial Case and also in the interest of justice, one more opportunity can be given to the petitioner finally. Learned counsel for the petitioner submitted that the Summary Trial Case is posted on 30.08.2010 before the trial Court. Therefore, the Criminal Petition is allowed permitting the petitioner to cross examine P.W.1 on 30.08.2010 in one sitting subject to the condition of her paying Rs.2,500/- towards expenses to P.W.1. Miscellaneous Petitions filed in the Criminal Petition, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 17.08.2010 sur