B V L N Chakravarthi, J
1. This Criminal Petition is filed by the petitioner/Accused, under Section 482 of Code of Criminal Procedure, 1973, to quash the docket order dated 23.10.2024 in Crl.M.P.No. of 2024 in C.C.No.131 of 2019 on the file of the Special Judicial Magistrate of First Class, Excise Court at Ongole.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for respondent/State.
3. Learned counsel for the petitioner would submit that the petitioner filed an application to permit him to cross examine PW1 and it was returned by the trial Court by observing that PW2 and PW3 evidence was also closed and the petitioner did not file any petition to recall PW2 and PW3. Learned counsel for the petitioner would submit that the present petitioner also filed application later to recall PW2 & PW3 and they were also returned by the trial Court on 11.11.2024, assigning Crl.M.P.No.8146 of 2024 and the matter was posted to tomorrow ie., 06.12.2024 for judgment.
4. Considering the said circumstances, this Court is of the considered opinion that the petition can be disposed of at the stage of admission itself by giving liberty to the petitioner to represent the applications before the learned Magistrate and on such representation, the learned Magistrate shall consider the applications and dispose of the same as per law. However, before parting, this Court intends to observe that on consideration of facts, it appears that earlier three to four adjournments were given in this case, for cross examination of the witnesses and at that time, for the reasons known to the petitioner they were not cross-examined. In that view of the matter, the petitioner shall pay a sum of Rs.5,000/- to the Legal Service Authority, Ongole and file the receipt before the learned Magistrate.
5. Accordingly, this Criminal Petition is disposed of at the stage of admission itself.
6. Registry is directed to return the original documents to enable the petitioner to represent the applications before the learned Magistrate.
As a sequel, interlocutory applications pending, if any, shall stand closed.
