KOTA VENKATA DURGA PRASAD vs THE STATE OF ANDHRA PRADESH
Party Details
- KOTA VENKATA DURGA PRASAD
- THE STATE OF ANDHRA PRADESH
- Yarramaneni Purna Chandra Rao
Case Summary
KOTA VENKATA DURGA PRASAD filed Case No. CRLP 2566/2023 in the High Court Of Andhra Pradesh on 4 Apr 2023 against THE STATE OF ANDHRA PRADESH and Yarramaneni Purna Chandra Rao. The case has had one hearing so far. The case was disposed of on 11 Apr 2023. 1 order has been issued in this matter.
Hearing History (1)
- 11APR 2023Next Hearing
Judge: N/A
Orders (1)
- 11APR 2023judgementView Order ↗
Order No: 1
Judgement DetailsView full order PDF ↗
THE HON’BLE MS JUSTICE B.S.BHANUMATHI Criminal Petition No.2566 of 2023 ORDER : This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) challenging the order dismissing the petition in Crl.M.P.
No.397 of 2023 in C.C.No.136 of 2017 on the file of VI Additional Junior Civil Judge-cum-IV Additional Metropolitan Magistrate at Vijayawada filed under Section 311 Cr.P.C. to recall P.W.1 for the purpose of cross-examination with regard to the original promissory note marked as Ex.A.1 in the suit.
The trial Court dismissed the petition after hearing both parties by giving reasons.
This petition is filed stating that it is necessary to cross-examine P.W.1 on calling for production of the original promissory note marked as Ex.A.1 in the suit.
2.
Heard learned counsel for the petitioner and Sri.Soora Venkata Sainath, learned Special Assistant Public Prosecutor representing the respondent No.1/State.
3.
Since the order passed under Section 311 Cr.P.C., cannot be revised as Section 397(2) Cr.P.C., cannot be challenged under Section 482 Cr.P.C. without showing any gross error or irregularity committed by the trial Court in passing the impugned order.
Section 482 Cr.P.C. cannot be used as a tool 2 Crl.P.No.2566 of 2023 of bypass to the prohibition incorporated in Section 397 Cr.P.C.
As such, there is no merit in the petition.
4.
In the result, the petition is dismissed.
Pending miscellaneous applications, if any, shall stand closed. ____________________________ JUSTICE B.S.BHANUMATHI Date : 11-04-2023 SAB