Hi All,
Please comments on the below :
1. Humbly submit that during the cross-examination of PW.5 the petitioner made efforts to confront the PW.5 with the replies of PW.5 sent to Petitioner under various provision of law, including Right To Information Act (in short RTI Act herein), to elicit the violation of well settled procedures of CrPC, includes Sections 41, 50A, 91, 154, 156, 157, 165, 167, 168, 169, 170, 173, 177 and 178 of CrPC, and also the damages caused by PW.5 to the accused in CC NO: 1280/2008 by violation of Article 14, 19, 21 and 22 of Constitution of India during the proceeding of Crime No: 616/2008 Kukatpally PS related to CC NO: 1280/2008 whereas the petitioner was not allowed to confront the PW.5 with the reply letters of PW.5 thereby the petitioner was not given fair opportunity to cross-examine the PW.5 and after 313 CrPC examination the petitioner filed CRLMP NO: 1052/2014 in CC NO: 1280/2008 U/s 294 of CrPC along with the list of documents on 17/04/2014 in which the reply letters of PW.5 sent to the petitioner are also present and while passing the orders in CRLMP NO: 1052/2014 this Hon’ble Court held that the petitioner not confronted the PW.5 with the documents, those includes reply letters of PW.5, those are part of CRLMP NO: 1052/2014 and these circumstances clearly reveals that the petitioner had not given sufficient and fair opportunity to cross-examine the PW.5 to elicit the illegal acts done and this Hon’ble Court may be pleased to pass appropriate order recalling the PW.5 for the purpose of further cross-examination in the interest of justice.
