Pawan Kumar Agarwal v. The State Of A.P. And Another
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY ,THE EIGHTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL REVISI ON E NO: 2299 OF 2013 Griminal Revision Case U/s 397 & 401 of Cr.P.C to set aside the the Order made in C.C.No.399 of 2011 dated 23.08.2013 on the file of the Special Metropolitan Magistrate lll, Kukatpally, Miyapur. Between:
Pawan Kumar Agarwal S/o Mangatrai Agarwal, Occ Business, F/o MIG-162, Beside Ayyappa Temple, Bharat Nagar, Moosapet, Hydkerabad - 18. ...PETITIONER AND
1. The State of A.P. Represented by its Public Prosecutor, High Court of Andhra Pradesh' Hvderabad ...RES'.NDENTS
2. Dinesh Gupta,, S/o Shyam Babu Dayal Gupta, Occ Business, Rl/o H.No.11-524612, H.P.Road, Moosapet, Hyderabad. ...RESPONDENT NO.ZACCUSED CRL.R.C.M.P. NO: 3480 OF 20't3 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to recall the NBW's issued by Special Metropolitan Magistrate-lll, Kukatpally Miyapur, dated 23.08.20'13 in C.C.No.399 of 2O11 or this HOn'ble Court may be directed Special Metropolitan Magistrate - lll, Kukatpally, Miyapur to recall the NBWS issued against me or this Hon'ble Court may be please to Suspend the proceedings issued dt.28.03.201 3 till 04.10.2013 in the interest of justice. Counsel for the Petitioner : SRl. K SAI BABU Counsel forthe Respondent No.1 : VIZARATH AL! ASST.PUBLTC PROSECUTOR (TG) The Court made the following: ORDER
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.Z THE HON'BLE SRI JUSTICE E. V. VENUGOPAL CRIMINAL REVISION CASE No.2299 OF 2013 ORDER:
The present Criminal Revision Case is Iiled seeking to set aside the proceedings dated 23.08.2013 in C.C.No.399 of 2011 wherein and whereby the Court of learned Special Metropolitan Magistrate, Miyapur, RR District had issued NBWs against the petitioner.
2. No representation on behalf of the petitioner. Heard Mr. Vizarath Ali, learned Assistant Public Prosecutor appearing for respondent State. Perused the record 3.
Learned Assistant Public Prosecutor submits that this Court rride order dated 27.O4.2O22 in Crl.R.C (SR) No.3198 of 2022 held that as against an interlocutory order, a Revision under Section 397 of Criminal Procedure Code is not maintainable and seeks to dismiss the Revision. 4.
Recording the submissions made by the learned Assistant Public Prosecutor, the Criminal Revision Case is dismissed. Needless to mention, the petitioner is at liberty to workout remedies as available under law I
\ Miscellaneous Petitions, pending if any, shall stand closed. SD/. M.RAMANA KRISHNA DEPUTY REGISTRAR $,,"'
//TRUE COPY// SECTION OFFICER To, 1 . The Special Metropolitan Magistrate lll, Kukatpally at Miyapur
2. One CC to Sri K.Saibabu , Advocate (OPUC)
3. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad.(OUT)
4. Two CD Copies ks a x'
HIGH COURT DATED:1811012023 6€ STATS o ?
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ORDER
i CRLRC.No.2299 of 2013 i.A.ii DISMISSING THE CRL.R.C ,s^