C.Vittali Rao, v. Dr. P.Devender,

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.2064 OF 2017 ORDER:

The Office took objection that the present Criminal Petition is not maintainable.

2. Heard Sri P. Kiran, learned counsel for the petitioner.

3. What has been submitted by the learned counsel for petitioner is true. When an application was dismissed for nonprosecution on account of absence of the petitioner, even till 03:30 PM from 10:30 AM, certainly, no petition for reviewing the said order can be filed, as review is impermissible under the Code of Criminal Procedure, 1973.

4. Therefore, the objection taken by the Office is overruled and the Office is directed to number the Criminal Petition. Further, no purpose would be served in keeping the Criminal Petition pending for some more time.

5. Hence, the Criminal Petition is disposed of directing the petitioner to once again approach the appellate Court by filing a petition afresh. The petitioner is also advised that he should not repeat what he has done earlier in representing the case. If any petition is filed by the petitioner seeking the same relief, the learned appellate

Court is directed to dispose of the same on the very same day in accordance with law.

6. Miscellaneous Petitions, if any, pending in this Criminal Petition, shall stand closed.

___________________________ A. SHANKAR NARAYANA, J March 07, 2017.

Note: Issue C.C. today.

B/o.MD