Criminal Petition No. 8621 of 2011 · Andhra Pradesh High Court

This Criminal Petition is filed by the petitioner under Section 482 Cr.P.C., to direct the learned Special Mobile Magistrate, Guntur, to give an opportunity to continue her Chief and Cross-examination in Crl.M.P.No.3394 of 2010 in C.C.No.135 of 2007 Heard.

The main contention of the learned counsel for the petitioner herein is that she being the defacto-complainant in C.C.No.135 of 2007 on the file of the Special Mobile Magistrate, Guntur, was examined in chief. Subsequently, she was not cross-examined as she did not attend the court since she was not aware of the proceedings. But, in contrary, a perusal of the record, clearly indicates that the petitioner intentionally avoiding to appear before the trial court to give evidence. Considering the same, the learned Magistrate dismissed the same while ordering to eschew the evidence given by the petitioner herein in chief. Against the said order, the petitioner preferred a Criminal Revision Petition No.13 of 2011 on the file of the Sessions Judge, Guntur, and the learned Sessions Judge ordered to omit the word ‘eschew’ in the last line of para 4 in the order dated 10.02.2011 in Crl.M.P.No.3394 of 2010 in C.C.No.135 of 2007 of the trial court, and to add the word ‘closed’ while confirming the order passed by the learned Special Mobile Magistrate, Guntur.

Admittedly now the evidence adduced by the petitioner herein in chief in the trial court still on record. The learned counsel for the petitioner submitted that the petitioner herein is ready to appear before the trial court and subject herself to cross-examination. He also submitted that if this Court fixed a date for her cross-examination, she is ready and willing to appear before the trial court for the said purpose. It is also submitted that the petitioner is also ready to deposit an amount of Rs.5,000/- towards the costs for the inconvenience caused to the trial court. Therefore, considering the facts and circumstances of the case, the petitioner herein is directed to appear before the trial court on 30.09.2011, and deposit a sum of Rs.5,000/- (Rupees five thousand only) towards the costs for the inconvenience caused to the trial court. The petitioner is further directed to file an application before the trial court to allow her for cross- examination and on such filing of the application by the petitioner, the trial court is directed to fix a convenient date according to its choice and on that day the petitioner shall appear before the trial court for the purpose of cross- examination.