Udugu Venugopal @ Venu v. Disposal of Rape and POCSO Act Cases

Petition under Section 528 of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extend the interrm order of stay granted vide lA.No. 2 of 2024 in Crl.Rc.No. 928 of 2O24 daled 0411012024, until further orders in the interest of justice. lA NO: 4 OF 2024 Petition under Section 528 of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extend the interim order of stay granted vide lA NO 02 of 2024 in CRLRC No 928 of 2024 dated 0411012024, until further orders, in the interest of justice. Counsel for the Petitioner Dr Ravi Kumar N Counsel for the Respondent No 1 Sri E Ganesh Assistant Public Prosecutor Counsel for the Respondent No 2 Sri P Ganesh The Court made the following Order : I -...------ 7 l. ORDER: THE HON'BLE SRI JUSTICE E.V.VENUGOPAL CRIMI NAL REVISION CAS E No.928 oF 2024 The present Criminal Revision Case is filed aggrieved by the order dared 20.O3.2024 in Crl.M.p.No. t6 of 2024 in SC.Spl.No.76S of 2O2l on the file of the learned Fast Track Specia.l Court for Expeditious Trial and Disposal of Rape and POCSO Act Case, Ranga Reddy District at L.B.Nagar.

2. Heard learned counsel lor the revision petitioner, Sri E.Galesh, learned Assistant public prosecutor for the respondent No.3-State and perused the record

3. Learned counsel for the revision petitioner would subrnit that on 13.12.2023, the cross examination of pW. I was closed and on 14.t2.2023, the cross examination of pWs.2 and 3 was closed. As the defence counsel did not ask some more important questions to the said u.itnesses, w.hich are very much crucial to establish th'e innocence of the revision petitioner/accused, an application vide Crl.M.p.No. 16 o{ 2024 under Section 311 of Cr.P.C rvas filed to recall the ,u'itnesses belore the trial Court on 05.ot.2024 t \ I !t l

4. Learned trial Court vide impugned order dated 20.O3.2024 dismissed the said petition. Aggrieved b-v the same, the present criminal revision case has been filed.

5. Learned counse! for the petitioner lvould submit that the revision petitioner and unofficial respondent have compromised the matter anC are living together. To that effect, a memo has been filed into the Registry vide USR No.879 l0 of 2024 enclosing Marriage Registration Certificate and Marriage Photo of the revision petitioner and unofficial respondent.

6. Learned Assistant Public Prosecutor would submit that he has no instructions that marriage was solemnized between the revlslon petitioner ald urnofficial respondent. Hence, seeks to dismiss the petition. 7 . Learned counsel lor the revision petitioner relied upon the orders passed rn Pidika Sambaru Vs. State of Odisha and anotherl trnd also Godrej Pacific Tech Limited Vs. Computer Joint India Limited2.

8. In vieu, of the aforesaid submissions and orders (supra), thip Court is of the opinion that there is no such delay in filing an \. ' 20ll La\r.Sui(ori)51 r(:oo8) tt scc ros I 1 I application under Section 31 I of Cr'P'C seeking to recall the witnesses. Further, no prejudice rvould be caused to the rights of witnesses if they were recalled for further cross examination by the accused. Hence, the learned trial court ought to have given a final opportunity to the revision pctltloner'

9. Accordingly, the order passed by the learned trial Court is set aside and this matter is remanded back to the learned trial Courtand.Further,learnedtrialCourtisdirectedtogiveone more opportunity to the revision petitioner to cross examine PWs. 1 to 3 by imposing costs and conditions as fit and proper in the facts and circumstances of the case and the learned trial Court is further directed to close the evidence of PWs' 1 to 3 within a period of trvo u'eeks from the date of receipt of a copy of this Order.

10. With the above direction, this Criminal Revision Case is disposed of. \ ,TRUE COPY// sd/- M. MANJ LA R DEPUTY REGIS SECTION FICER I To, 1 2 3 4 5 The Fast Track Special Court for Expeditious. Trial and Disposal of Rape and p'ob'so n.t ci#J Ranga Reddv District at LB Nagar Two CCs to the Public Prosecutor' High Court for the State of Telangana' Hyderabad [OUT] One CC to Dr Ravi Kumar N' Advocate IOPUCI One CC to Sri P Ganesh, Advocate [OPUCI Two CD CoPies VA/gh YT HIGH COURT DATED:06101t2025 5 t\g A l c !) j[ !i'i C) .b ,) 'b.11 j * .-0 + n: sr41 ORDER CRLRC.No.928 of 2024 DISPOSING OF THE CRLRC B(oPfA Yt- s{,s