Judgment · High Court
Case at a glance
Outcome
Allowed
Accordingly, this criminal petition is allowed, at the stage of
Provisions considered
Judgment
Order
This criminal petition, under Section 482 Cr.P.C., is filed by the petitioner seeking a direction learned Special Judicial
Magistrate of First Class (Excise & Prohibition), Kurnool, Kurnool District, to re-open her cross-examination in C.C.No.365 of 2008 pending before him, as the same was eschewed on 11.08.2010. It appears, on earlier occasion, when the petitioner herein approached this Court by filing transfer Criminal Petition No.135 of 2010, seeking transfer of C.C.No.365 of 2008 from the file of the Special Judicial Magistrate of First Class for Excise & Prohibition Cases, Kurnool, to any other competent Court at Hyderabad, a learned Single Judge of this Court disposed of the said petition on 04.08.2010 with the following directions: “1. the petitioner shall invariably appear before the trial Court on 11.08.2010 by 10.30 a.m. to enable the respondents’ counsel to cross examine her.
#2. the respondents shall complete the cross examination of the petitioner before the trial Court on 11.08.2010.
#3. the learned Magistrate shall take up the case on
11.08.2010 on priority basis and allow the respondents- accused to complete the cross examination of the petitioner-de facto complainant on the same day.” Learned counsel for the petitioner submits that as the petitioner could not appear before the Court below on 11.08.2010 due to her ill- health, the Court below eschewed her chief-examination and is proceeding with further examination. He also filed a copy of the medical certificate dated 09.08.2010 issued by Dr.Md. Samiuddin, with whom the petitioner has taken treatment, in support of his contention that the petitioner was suffering from Acute severe Asthama and Bronchitis on 11.08.2010. In the peculiar circumstances of the case and in order to avoid further delay in trial in the said C.C.No.365 of 2008 on the file of the Special Judicial Magistrate of First Class (Excise & Prohibition), Kurnool, Kurnool District, notice to the private respondents is hereby dispensed with. Having regard to the aforesaid submissions of the learned counsel for the petitioner and also the medical certificate filed before this Court, this Court is of the considered view that the Court below can be directed to give one more opportunity to the petitioner to appear before it in connection with C.C.No.365 of 2008 to enable the respondents’ counsel to cross-examine her. Accordingly, this criminal petition is allowed, at the stage of admission, with a direction to the Court below to allow the petitioner to appear before it in C.C.No.365 of 2008 on the next date of hearing, so as to enable the counsel for the respondents to cross-examine her, and the Court below shall further follow the directions given by this Court on 04.08.2010 in transfer Criminal Petition No.135 of 2010.
24.09.2010 v v _________________________ GOPALA KRISHNA TAMADA,J
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this criminal petition is allowed, at the stage of
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.