Chitaranjan Roy v. The State Of Telangana.,Rep.,Pp

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.7088 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. questioning the order dated 07.04.2016 in Crl.M.P.No.385 of 2016 in C.C.No.216 of 2015 passed by the learned Special Magistrate Court-II at Rajendranagar, Ranga Reddy District, whereunder the learned Magistrate has acceded to the request of the prosecution to receive the documents said to have been annexed to the petition i.e., survey panchanama along with sketch, survey report, revenue record and injunction order obtained in O.S.No.19 of 2014. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor representing the State of Telangana.

It is the submission of the petitioner/accused that the said documents are not relevant insofar as prosecuting the accused and hence the same cannot be received.

There is a civil dispute between the parties and there is an injunction order in respect of the subject property. Therefore, receiving the copy of the injunction order will not cause any prejudice to the accused. Hence, there are no grounds to allow this Criminal Petition.

Accordingly, this Criminal petition is dismissed. It is needless to observe that the learned Magistrate shall consider the additional evidence that is to be filed on its own merits,

uninfluenced by the observations of this Court. Pending miscellaneous applications, if any, shall stand closed in consequence.

________________ M.S.K.JAISWAL,J Date: 02.06.2016 pab