B. Muthyala Prakash v. The State of Telangana
Court: High Court for State of Telangana
Bench: JUVVADI SRIDEVI
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-12-19. B. Muthyala Prakash v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
\ IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE JUVVADI SRIDEVI CRIMINAL PETITIO N NO: 15298 OF 2024 Between: B. IV'luthyala Prakash, S/o La te N a rs i m I u' Ag e 7 0 5iii,P. r"""; r,Z'"11; ;:. fl ? Nizamabad. AND by the 1. The state of Telangana, through P. S. Town-1, Nizamabad,,represented public prosecutor, iligh'Court-of Judicature at Hyderabad for The State of Telangana. H' 2. Nanchari Gopinath, s/o. Narayana, Age 53 years, Occ Advoacte, . R/o - - ... Respondents/Accused ftf". +-S-OS, U'ppertatiOi, Nizamabad. the circumstances stated Petition under section 528 of BNSs praying that in the High court may be in the Memorandum of Grounds of criminal Petition, in c. c. No. 74 of 2017 pleased to call for the records in GRLMP. No.
1427 of 2024 Frrst class cum I Additional on the file of the I Additional Judicial Magistrate of Junior civil Judge, Nizamabad District and quash the order dl. 1710912024 passed in GRLMP. No. 1427 ot 2024 in C. c. No. 74 of 2017 and consequently allow the l. A. No. 1427 oI 2024in C. C. No. 74 ol 2017. l. A. NO: 1OF 2024 Petition under section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be prerreo to grant a stay of all further proceedings in c. c. No. 74 of 2017 on the file of the Hon'6le I Additional Judicial Magistrate of First Class cum I Additional Junior civil Judge, Nizamabad District pending disposal of the above criminal Petition. ThisPetitioncomingonforhearing,uponperusingtheMemorandumof of Sri T. Gangadhar, Grounds of criminal Petition and upon hearing the arguments Advocate for the Petitioner and the sri Jithender Rao Veeramalla, Public Prosecutor on behalf of the Respondent No.
1 and of None appeared for the Respondent No. 2. The Court made the following: ORDER HON'BLE SMT. JUSTICE JUWADI SRIDEVI CRIMINAL PETITION No. 15298 of2024 ORDER: Challenging the order dated 17. 09. 2024 passed ln Crl. M. P. No. 1421 of 2024 in C. C. No. 74 of 20tj by the learned I Additional Judicial Magistrate of First Class-cum-I Additional Junior CiviI Judge, Nizamabad, this criminal petition is filed. By the impugned order, the application filed by the petitioner/complainant under Section 3ll Cr. p. C. to sumrlon LW-1 to adduce evidence was dismissed. 2. Heard Sri l. Gangadhar, leamed counsel for the petitioner/complainant/LW- I and Sri Jithender Rao veeramalla, the learned Additional Public prosecutor appearing for the State- Respondent. Perused the material on record. 3. Case of the petitioner is that C. C. No. l4 of 201-l was filed against him for. the offence under Section 409 of IpC. During the course of evidence, when the matter was posted for his evidence ofl27. 08.
2024, since he was admitted in the hospital due to ill-health, he could not appear before the trial court and the trial Court has closed his evidence. It is his further case that his evidence is essential for proper adjudication of the matter, otherwise, he will be put to great prejudice. Hence, prayed to allow the criminal petition by setting the impugned order. 4. Learned counsel for petitioner submits that as per Section 311 of Cr. P. C. , Court may at any stage of proceedings can re-summon any person, if his evidence appears to be essential forjust decision in the case. Hence, prayed to allow the petition. 5. Having heard both sides and perused the material on record, it is apparent that the evidence of LW-l, who is the complainant, is very much essential for proper and effective adjudication of the matter. If LW-l is examined, no prejudice would be caused to the 2nd respondent-accused, as he will get an opportunity to cross-examine LW-I.
Therefore, this Court is inclined to give one more opportunity to the petitioner. ,--7 J 6. For the aforesaid reasons, petition this Criminal is allowed and the impugned order, dated 17. 09. 2024 passed in Crl. M. P. No. l42l of 2024 in C. C. No. 74 of 20tt by rhe leamed I Additional Judicial Magistrate of First Class_cum_I Additional Junior Civil Judge, Nizamabad, is hereby set aside. The trial Courl is directed to issue summons to LV/-l by fixing a date and on tlre said date, LW-l is directed to adduce his evidence, in default, his evidence stands closed. The trial Court shall also fix a date and afford an opportunity to the 2,d respondent to cross-examine LW-1. Miscellaneous applications, if any pending, shall also stand closed. sd/- N. s HARI ASSISTANT REGI TRAR //TRUE COPYII SECTION OFFICER \ o 1 The I Additional Judicial Magistrate of First Class cum I Additional Junior Civil Judge, Nizamaoad oisiiict"' 2 P'osecutor' High court ror the state or relansana Iy;"rt"3:.
t(i,iffic at , One CC to Sri. T Gangadhar, Advocate tOpUCl 4 Two CD Copies DL HIGH COURT DATED:1911212024 i ';T-A i f; 1 c ? ) [tg it2[ '9 o ? 0 d 4+ t* + t {. ) DElr'/i,. i ORDER CRLP. No. 't5298 ot 2O24 ALLOWING THE CRIMINAL PETITION p\
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