IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE FOURTEENTH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.12403 of 2010 Between:- A.Vancha Suresh Chary and another …Petitioners A n d State of A.P., Rep. by its Public Prosectuor, High Court of A.P., Hyderabad …Respondent HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.12403 of 2010 ORDER: This petition is filed under Section 482 Cr.P.C., assailing the order dated 08-10-2010 in Crl.M.P.No.90 of 2010 in S.C.No.129 of 2010, on the file of the V- Metropolitan Sessions Judge, Cyberabad at L.B.Nagar, wherein the said application filed by the petitioners/A-1 and A-2 under Section 311 Cr.P.C., was dismissed. 2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent-State. Perused the record. 3. Petitioners/A-1 and A-2 are facing prosecution for the offences under Sections 366-A and 376 IPC. During the course of trial, the petitioners wanted to examine Civil Surgeon, Community Health Centre, Devarakonda, who is stated to have issued a certificate, as a witness on behalf of the defence. The learned counsel for the petitioners would submit that the said certificate is to be marked through the evidence of Civil Surgeon, who issued the same and it will have a bearing on the age of the victim girl. The learned Assistant Sessions Judge, by the impugned order, dismissed the said petition with a cryptic observation that “similar applications filed earlier were all dismissed”. The learned counsel for the petitioners would submit that no application was filed earlier seeking issuance of summons to the Civil Surgeon and the said earlier petitions related to some other witnesses. 4. Be that as it may, as the accused intend to examine the Civil Surgeon, who is said to have issued a certificate, as a defence witness, the interests of fair trial would require that an opportunity be given to the accused to adduce the said evidence. In that view of the matter, the impugned order is set aside and consequently Crl.M.P.No.90 of 2010 stands allowed and the petitioners/A-1 and A-2 are permitted to examine the Civil Surgeon, Community Health Centre, Devarakonda, as a defence witness, for the purpose of marking the certificate said to have been issued by him. 5. In the result, the criminal petition is allowed. _____________________ G.V.SEETHAPATHY, J 15th December, 2010 Lrkm.