Mohd. Rafique Ahmed v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1834 OF 2016 (Old No. CRIMINAL REVISION CASE (Sr) No.13042 OF 2016) ORDER:

This revision is filed by the complainant being aggrieved by the order dated 20.11.2015 passed by the VII Additional chief Metropolitan Magistrate, Hyderabad dismissing Crl.M.P.No.1619 of 2015 in C.C.No.751 of 2015 filed him under Section 311 Cr.P.C. to recall him for submitting his version thoroughly for proper adjudication of the case.

Heard and perused the material on record.

The trial Court appreciated the entire arguments submitted by both the parties and observed in the order as follows: "Now, the present case is coming up for examination of the accused under Section 251 Cr.P.C. It is a summons case. At this stage, petitioner again cannot be recalled to give his further version in respect of the same case. It is only the accused to be examined under Section 251 Cr.P.C. In view of these factors, I hold that there are no sufficient grounds to recall the petitioner." This Court is of the view that the petition filed by the petitioner to recall him for the purpose of further examination is not maintainable since the case is posted for questioning the accused. Hence, the impugned order passed by the trial Court is in accordance with law and no ground is made out to interfere with the same.

Accordingly, the Criminal Revision Case is dismissed. Consequently, miscellaneous petitions, if any, pending, shall stand closed.

________________________ JUSTICE RAJA ELANGO

16.06.2016 Tsr