Telangana High Court
CRLP/1425/2026 of Kathula Sai Kiran Vs The State of Telangana on 8 October 2026
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI CRIMINAL PETITION NOS: 1 425 AND 1426 0F 2026 CRIMINAL PETITION NO: 1425 oF 2026 Between: Kathula Sai Kiran, S/o Paramesh, Aged 22
13257 |
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THURSDAY, THE EIGHTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI
CRIMINAL PETITION NOS: 1425 AND 1426 0F 2026
CRIMINAL PETITION NO: 1425 oF 2026
Between:
Kathula Sai Kiran, S/o Paramesh, Aged 22 years, occ. Student R/o H.No..l6_2_
835- 1221429 Asmanghad, Gandhinagar, Saidabad, Hyderabad.
...Petitioner/accused
AND
The State of Telangana, rep. by Public Prosecutor, High Court of Telangana at Hyderabad Through P.S. Nagole.
...Respondent
Simhadri Sashikala, Wo Subbaiah Aged about 43 years, Occ. Labour R/o H.No.1 -7 316512, YSR colony, Thattiannaram, Abdullapurmet l\/andal, Ranga Reddy district.
...RespondenUDefacto Complainant
Petition under Section 528 of B.N.s.S. praying that in the circumstances stated in the l/lemorandum of Grounds of criminal Petition, the High court may be pleased to call for the records relating to the order dated 23-01-2026 in crl. Ivl.p.No. i437 of 2025 in S C. Spl No. 4 of 2025 on the file of the court of Fast Track Special Judge for Triai and Disposal of Rape and PocSo Act cases, Ranga Reddy district and quash the said order by recalling the P.w.1 for the purpose of cross examination in S.C. Spl. No. 4 of 2025
l.A. NO: 1 OF 2026
Petition under section 528 of B.N.S.s. praying that in the circumstances stated in the lvemorandum of Grounds of criminal petition, the High court may be pleased to stay of all further proceedings in S.c. Spl. No 4 of 2o2s on the file of the court of Fast rrack special Judge for Trial and Disposal of Rape and pocso Act cases, Ranga Reddy district pending disposal of the Crl. petition.
CRIMIN ALP ETITION NO: 1426 OF 2026
t.A. NO 10F 2026
Between:
Kathula Srri Kiran, Sio Paramesh, Aged 22 years, occ. Student R/o H.No.16_2_g35_
j22l42g Asma ng had, Gandhinagar, Saidabad, Hyderabad.
...PETITIONER/ACCUSED
AND
1. The State of .T_elangana, rep. by Public prosecutor, High Court of Telangana aI llyderabad Through P.S Nagole.
. . . Respondent
3. Simhadri Sashikaia, Wo Subbaiah Aged about 43 years, Occ. Labour R/o H.No.1 -7316512, YSR colony, Thattiannaram, Abdullapurmet ttlandal, Ranga ReddY district
...RespondenUDefacto Complainant
petition under section 528 of B N.s s. praying that in the circumstances stated rn the Ailemorandum of Grounds of Criminal Petition, the High Court may Oe pteaseJ to call for the records relating to the order dated 23-0'l-2026 in crl ttrt.p.tri L lqii ot 2O2S in S.C Spl. No. 4 of _2025 on the file of the court of Fast Track Speciat Judge for Trial and Disposal .of Rape and POCSO Act cases, Ranga Reddy Oistiict-ana quash the said-order by.recalling the P.W.2 and p.W.3 for the purpos. of cro"s examinatiorr in S.C. Spl No' 4 of 2025.
petition under Section 528 ol ! N s s praying that in the crrcumstances stated rn the lVemorandum of Grounds of criminal Petition, the High court may n" pr"ir"J to stay of all further proceedings in s c Spl. No. 4 of 2025 on the file of fiiu "orrt "r Fasi Track special Judge for _Trial and Disposal of Rape and pocso Act cases, Ranga Reddy district pending disposal of the Crl. Petition.
This pet,tion coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri G. Shankaraiah Advocate for the Petitioner-accused and sri M. Vivekananda neooy rearneo Assrstant Public Prosecutor on behalf of the Respondent No.1 ,no ruonJrpp"rr"O
for the Resp'lndent No.2
The Court made the following: COMMON ORDER
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
HYDERABAD
THE HONOURABLE SMT. JUSTICE JUWADI SRIDEVI
CRIMINAL PETITION Nos.1 425 & 1426 of 2025
CNR No. H8HC0100671 92026
DATED: OSth OcToBE R 2026
Between
Kathula Sai Kiran
AND
The State of Telangana and another
... Respondents
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
COMMON ORDER:
These Criminal Petitions are filed by the petitioner-accused seeking to quash the impugned orders both dated 23.01 .2026 passed in Crl.M.P.Nos.1437 and 1452 of 2O2S in S.C.Spt.No 4 of 2025 by the learned Fast Track Special Judge for Trial and Disposal of Rape and POCSO Act Cases, Ranga Reddy District (for short. ,,the learned trial Court"), whereby the applications filed by the petitioner under Section 31 1 of the Code of Criminal procedure, 1973 (for short, "Cr.P C "), seeking recall of PWs l to 3 for the purpose of cross-exa m in ation, were dismissed.
02. Heard Sri G Shankaraiah, learned counsel for the petitioner-accused, and Sri IVI Vivekananda Reddy, learned Assistant Public Prosecutor appearing for the respondent-State. perused the material available on record. Petitioner
03. Learned counsel for the petitioner submits that the learned trial Court erred in dismissing the applications seeking recall of PWs.1 to 3 for cross-examination, without properly appreciating that certain material and relevant aspects, which are necessary for the defence of the petitioner, are required to be elicited from the said witnesses lt is further submitted that the earlier counsel who represented the petitioner before the learned trial Court could not cross-examine PWs.1 to 3 and the cross-examination of PW1 to PW3 was recorded as nil and, subsequently, the petitioner engaged another counsel. Therefore, it is contended that one more opportunity may be afforded to the petitioner to cross-examine PWs.1 to 3 by recalling them
04. On the other hand, learned Assistant Public Prosecutor submitted that the impugned orders do not suffer from any illegality or irregularity warranting interference by this Court and, therefore, prays for dismissal of the Criminal Petitions
05. Having regard to the rival submissions and upon perusal of the material available on record, it is evident that the petitioner filed the applications seeking recall of PWs.1 to 3 for the purpose of cross-examining them, according to the petitioner, the earlier counsel failed to cross-examine PW1 to PW3. ln the facts and circumstances of the present case, to meet the ends of Justice, this Court is of the considered view that, in order to afford a fair and reasonable opportunity to the petitioner-accused to put forth his defence, one final opportunity can be granted to cross-examine PWs.'l to 3. Such an opportunity. however, shall be subject to appropriate conditions so as to ensure that the trial is not unnecessarily delayed and that the witnesses are adequately compensated for being required to appear before the learned trial Court once again. ln that view of the matter, the impugned orders dated 23 01 2026 passed in Crt.tVl.p Nos.1437 and 1452 of 2025 in S.C.Spl.No.4 oI 2025 by the learned trial Court are hereby set aside. 06 Accordingly, these Criminal Petitions are disposed of with the following directions
(i) The learned trial Court is directed to recall PWs,1 to 3 for the
(ii) limited purpose of their cross-examination by the petitioner- accused, subject to payment of costs of Rs.5,0001 (Rupees Five Thousand only) to each of PWs.1 to 3, The learned trial Court shall fix a specific date for the appearance of PWs.1 to 3 and for their cross-examination. On the date so fixed, learned counsel appearing for the petitioner-accused shall proceed with and conclude the
(iii) To,
(iv) cross-examination of the said witnesses without seeking unnecessary adjournment. It is made clear that no further opportunity for recalling PWs.1 to 3 shall be granted to the petitioner on the same ground. ln the event of failure on the part of the petitioner to avail the opportunity so granted, the learned trial Court shall be at Iiberty to proceed further with the trial in accordance with law. As a sequel, miscellaneous petitions pending, if any, shall
(v) stand closed SD/- A.H.S. GOWRI SHANKAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER
1. The Fast Track Special JudgeforTrial and Disposal of Rape and PocSo Act cases, Ranga Reddy District at L B. Nagar.
2. The Station House Officer, Nagole Police Station, Rachakonda'
3. Two ccs to the Pubtic Prosecutor, High court for the state of Telangana, at Hyderabad [OUT]
4. One CC to Sri G. Shankaraiah, Advocate [OPUC]
5. Two CD CoPies GNK @i
HIGH COURT DATED: 0811012026
COMMON ORDER
DISPOSING OF THE BOTH CRLPs E T F L4
+ q o Lt- CRLP.Nos.1425 and 1426 ot 2026 o + H
c