M. MALLIKARJUNA RAO Vs. STATE OF ANDHRA PRADESH
HIGH COURT OF ANDHRA PRADESH
M. Mallikarjuna Rao
STATE OF ANDHRA PRADESH
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U Durga Prasad Rao, J. -
(1.)The petitioner/accused challenges the order dated 09.07.2019 in Crl.M.P.No.98 of 2019 in Spl.S.C.No.7 of 2016 passed by Spl. Sessions Judge-cum-IV Addl. Sessions Judge, Tirupati dismissing the petition filed by the petitioner/accused under Section 311 of Cr.P.C seeking to recall P.Ws.1 to 3 for further cross-examination on the ground that the matter was coming up for arguments of the defence side and at this stage, P.Ws.1 to 3 cannot be recalled for further cross-examination to question them on some important points relating to their statements given by them before the Judicial Magistrate of First Class, Satyavedu. The trial Court held that such statements before the Magistrate are not substantive evidence and the witnesses cannot be routinely recalled.
(2.)Heard learned counsel for petitioner and learned Additional Public Prosecutor representing respondent-state.
(3.)Learned counsel for petitioner would submit that P.Ws.1 to 3 were examined by the Magistrate and their statements were recorded and during their earlier cross-examination some of the important aspects relating to their earlier statements before the Magistrate were not touched upon and therefore their recall is essential to effectively establish the defence of the accused.
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