The High Court · 2025

1. The State of Telangana, Represented by its public prosecutor, High Court for the State ofTelangana at Hyderabad.

2. The State of Telangana, through lnspector of police, pS Subedari. ...Respondent ... Res pondenUCom plaina nt 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 pleased to call for the records relating to Crt.MP No. 533 of 2O2S in S.C. (pOSCO) No. 116 of 2022 pending on the file of the Hon'ble special sessions Judge for Trial of cases under POSCO Act (l Additional Sessions Judge, at Hanumakonda and quash the Order, dated 29.08.2025 passed by the Hon'ble Special Sessions Judge for Trial of Cases under POSCO Act (l Additional Sessions Judge, at Hanumakonda in Crl.Mp No. 533 o'f 2025 in S C. (POSCO) No. 116 of 2022, and recall the pW-7 for further examination in the case. l.A. NO: 1OF 2025 Petition under section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petilion, the High Court may be pleased to grant stay of all further proceedings in S.C. (POSCO) No. i 16 ot 2OZ2 pending on the file of the Hon'ble special sessions Judge for Trial of cases under posco Act (l Additional Sessions Judge, at Hanumakonda and quash the Order, dated 29.o8.2025 till the disposal of the above Quash Petition in the interest of the justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr. Bommineni Vivekananda, Advocate for the Petitioner and Mr. Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 . The Court made the following: ORDER , i,{Eir-,}?-. IN THE HIGH CoTJRT FOR THE STATE OF TEI.ANGANA AT HYDERABAD ]'HE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAI- PETITION No.15869 of 2025 Date:15.12.2025 Between I)r, Mohd. Asil AND petrtroner 'l'he State of Telangana, Represented by its I'ublic Prosecutor, l{igh Courr lbr thc State ol"I'elangana, at Hyderabad, and another ...respondents OIIDER Ihis Crirrinal I)ctitiorr has bcen filed aggrieved by the orders passed by the learr.rcd Spccial Sessions judge of Trial of Cases under POCSO Act (l Additional Sessions Judge), at Hanumakonda in Crl.lVl.P.No.5ll o1' 1015. rvhercin the application was filed by the petitioner seeking recall of PW-7 for fumher cross examination.

2. Heard Mr'. Bornmineni Vivekananda, leamed counsel lor the petitioner ,,vho ultpcarcd throLrgh video conlerence and Mr. Jithendar Rao Veelamalla. leamed Additional Public Prosecutor fbr respondcnt No. I 2

3. Learned counsel for the petitioner submitted that, upon perusal of the deposition of the Investigating Officer (pW7), ir is evident that certain material questions were not put to the witness and consequently, vital aspects relating to the investigation conducted by her were not brought on record. Therefore, further cross-examination ol PW7 is very much required. The leamed Special Sessions Judge ol Trial of Cases under POCSO Acr (l Additional Sessions Judge), at Hanumakonda, without properly considering the a'uerments rnade in support of the application, dismissed the same without assigning any reasons. Unless this Couft recalls PW7 lor fu(her cross-examination, the petitioner would be put to great hardship

4. Per contra, Learned Additional Public Prosecutor submitted that PW7, who is the lnvestigating Officer, is presently working as a Liaison Olficer in the High Court lor the State of Telangana, Hyderabad. He further submitted that the petitioner has already cross-exarnined PW7 at length, further cross-examination is sought by him. However, this would require her to travel from Hyderabad to Hanumakonda and she is on Election Duty on 17.12.2025, she can appear belore the Trial Court only after the said date. In such event, the 5iEtifioner should bear the travelling expenses of pW7. c* J

5. Learned counsel lor the petitioner submitted that the petitioner will bear the travelling expenses of PW7.

6. Having considered the submissions made by the respective parties and upon perusal ol the material available on record, it reveals that the matter is posted on 17.12.2025. According to the learned Additional Public Prosecutor, PW7 would be available to appear before the Trial Court only after 11 .12.2025. Hence, this Court is of the considered view that if one opportunity is given to the petitioner, no prejudice would be caused to the prosecution.

7. Taking into consideration the peculiar facts and circumstances of the case, the impugned order passed by the Trial Court in Crl.M.P.No.S33 o12025 in S.C. (POCSO) No. I 16 of 2022 is hereby set aside.

8. Accordingly, the Criminal Petition is allowed and PW7 shall appear for further cross-examination before lhe Trial Court on

19.12.2025, subject to the condition rhar the petitioner shall pay an amount of Rs.5,000/- (Rupees f ive Thousand onty) to pW7 towards travelling charges and other expenses; and the petitioner/accused shall complete the cross-examination of pW7 on the same day. In the event that the petitioner fails to complete the i+> r! . rqEjr! l 4 cross-examination on the said date, the Trial Court is entitled to proceed with the matter in accordance with [aw. Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// Sd/. B. REKHA RANI ASSISTANT REGISTRAR SECTION OFFICER To, Sessions Judge, at Hanumakonda

1. The Special Sessions Judge for Tnal of Cases under POSCO Act (l Additional 2. The Station ffouse Otficei, Folice Station -subedari' -3. 4. Two CCs to Public Prosecuior' Higft iourt for the State of Telangana' at 5. Two CD CoPies O.; cC to rur. Bommineni Vivekananda' Advocate [OPUC] Hanumakonda District' Hyderabad [OUT] KAM \* HIGH COURT DATED: 1511212025 ORDER CRLP.No.15869 ot 2025 ALLOWING THE CRIMINAL PETITION arS? ..,. \l