Gopi Goud vs The State Of Telangana

This Criminal Petition is filed by the petitioners, aggrieved by the order dated 13.05.2026 passed by the I Additional District and Sessions Judge at Nizamabad in SC NDPS No.13 of 2023, whereby the application filed by the petitioner under Section 311 of Cr.P.C. for recalling of the PWs3 and 4 for the purpose of cross examination was dismissed by the learned trial Court.

Heard Mr.Jalli Kanakaiah, learned Senior Counsel representing Mr.Narender Jalli, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent.

With the consent of both the learned counsel, the criminal petition is disposed of at the admission stage.

Learned Senior Counsel for the petitioner submits that the petitioner was arrayed as an accused in S.C.NDPS No.13 of 2023 for the offence punishable under Sections 8(c) r/w. 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. PWs.3 and 4 were cross-examined in chief on 22.04.2026. On that day, the learned counsel for the petitioner was out of station and went to Tirumala, and the petitioner appeared before the learned trial Court and requested for time for the purpose of conducting the cross-examination of PWs.3 and 4. The learned trial Court without considering the request made by the petitioner closed the evidence of PWs3 and 4. Thereafter, the petitioner filed a petition vide Crl.M.P. No.957 of 2026 to recall the witnesses, PWs.3 and 4, for cross-examination. The learned trial Court, without considering the averments made in the petition, dismissed the same on 13.05.2026 without assigning any reasons, though the petitioner did not cross-examine PWs.3 and 4 on 22.04.2026 due to the non-availability of the concerned counsel. Unless PWs.3 and 4 are recalled for cross-examination, the petitioner will be put to great hardship. If PWs.3 and 4 are recalled, no prejudice is going to be caused to the prosecution.

Per contra, the learned Additional Public Prosecutor submitted that, due to the non-cooperation of the petitioner, the learned trial Court was unable to proceed with and decide the proceedings before it. The learned trial Court rightly dismissed the application filed by the petitioner, and there are no grounds to interfere with the order passed by the learned trial Court.

Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the petitioner was arrayed as an accused in S.C. NDPS No.13 of 2023 and is facing trial for the offence punishable under Section 8(c) r/w. 22(c) of the NDPS Act. The record further reveals that the chief examination of PWs.3 and 4 was conducted on 22.04.2026. On that day, due to the non-availability of the counsel for the petitioner, PWs.3 and 4 were not cross-examined. The petitioner, in the application filed under Section 311 of Cr.P.C., specifically mentioned that the counsel for the petitioner before the learned trial Court went to Tirupati, and for the said reason only, he could not appear before the learned trial Court. The learned trial Court, without taking into consideration the said fact, dismissed the application. It is trite law that, due to the mistake on the part of the counsel, the parties should not suffer. In the case on hand, PWs.3 and 4 were not cross-examined by the petitioner on 22.04.2026 only due to the non-availability of the counsel. Hence, this Court is of the considered view that the petitioner is entitled to an opportunity to cross-examine PWs.3 and 4.

Taking into consideration the peculiar facts and circumstances of the case and for the foregoing reasons, the impugned order passed by the learned trial Court dated 13.05.2026 in Crl.M.P. No.957 of 2026 is liable to be quashed. Accordingly, the same is quashed, and the application filed by the petitioner seeking recall of PWs.3 and 4 for cross-examination is allowed, subject to the condition that the petitioner shall pay an amount of Rs.2,500/- to each witness. The petitioner shall conduct the cross-examination of PWs.3 and 4 on the date specified by the learned trial Court. PWs.3 and 4 shall appear before the learned trial Court accordingly.

Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications, pending if any, shall stand closed.