G.Chandra Shekhar v. The State Of Telangana

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.30 OF 2016 ORDER:

This criminal revision case under Sections 397 and 401 of the Code of Criminal Procedure (CrPC) is filed by the petitioner seeking a direction to the Court below to number the petition filed by the petitioner before the Court below and set aside the docket order dated 26.08.2015 passed in Crl.M.P.(SR) No.959 of 2015 by the Court of the Metropolitan Sessions Judge, Ranga Reddy District. Heard and perused the material.

Learned counsel for the petitioner submits that the Court below erroneously returned the petition filed by the petitioner herein seeking stay of operation of the Judgment dated 09.08.2012 passed in C.C.No.363 of 2010 on the file of the II Metropolitan Magistrate, L.B.Nagar, Ranga Reddy District, and as such, seeks a direction to the Court below to number the petition filed by the petitioner herein.

The Court below while returning the petition filed by the petitioner observed that the earlier petition under Section 389(1) of the CrPC was allowed and that another petition under the said provision is not maintainable. Considering the facts and circumstances of the case, the Court below is directed to number the application and pass appropriate orders after hearing both the parties with regard to its maintainability. The Criminal Revision Case is accordingly disposed of. Consequently, the miscellaneous petitions filed in this revision, if any, shall stand closed. _____________________ JUSTICE RAJA ELANGO 06.01.2016 pln