IN THE COURT OF THE HON’BLE JUDGE FAMILY COURT CUM III

ADDITIONAL DISTRICT AND SESSIONS JUDGE::NALGONDA

AT: NALGONDA

Crl.M.P.No. OF 2024

IN

M.C.No.7 OF 2023

BETWEEN:

Md. Feroze Khan … Petitioner/Respondent

AND

Shaik Asma Jabin & Another … Respondents/Petitioners

PETITION FILED FOR RECALLING THE PETITIONER WITNESS No.1 FOR

CROSS EXAMINATION UNDER SECTION 311 R/W. SECTIONS 254 & 126 OF
THE CODE OF CRIMINAL PROCEDURE, 1973

May it please Your Honour,

1. It is respectfully submitted that the matter is posted today for

Petitioner/Respondent’s Evidence. It is further respectfully submitted that when

the main MC was posted on 16 th April, 2024 for cross examination of the

Petitioner Witness No.1, the Hon’ble Court was pleased to treat the cross

examination as nil due to non cross examination and thereafter, on 24 th April,

2024, the Petitioner evidence is closed and posted today for Respondent Evidence.

2. It is respectfully further that, there are cogent and relevant material particulars in

the form of both primary documentary evidences and also of the oral direct

evidences which could establish that this Petitioner is not the wrong doer or that

he never neglected the Respondent herein and that the Respondent herein deserted

the Petitioner and that the Respondent have sufficient means to maintain herself

Page 1 of 2
 and the child and that for harassing this Petitioner which have direct bearing on

the just decision in the main MC and non-cross examination of the Respondent

herein as Petitioner Witness would result into miscarriage of justice and thereafter

it is impossible to prove the innocence of this Petitioner thereby causes serious

irreparable loss to this Petitioner.

3. It is respectfully submitted that as the Petitioner/Respondent was sick and

bedridden due sunstroke and as he could not give instructions for conducting cross

examination of the Petitioner Witness No.1 on 16 th April, 2024, resulting into

treating the cross examination as nil, which is neither willful nor wanton one but

for the above said reasons.

Therefore, in the interest of justice and to meet the ends of justice, the Hon’ble

Court may be pleased to set a side order dated 16th April, 2024 in treating the cross

examination of the Petitioner Witness No.1 and consequently re-call the Petitioner

Witness No.1 for cross examination by this Petitioner/Respondent and pass such other

order or orders as the Hon’ble Court deems fit and proper in the interest of justice.

Place: Nalgonda

Date: 26th April, 2024. Petitioner /Respondent

Counsel for the Petitioner/Respondent

Page 2 of 2