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High Court for State of TelanganaCRLRC/1877/2015dismissed

Lankapalli Murali Mohan v. The State Of Ap.,

2015-09-04Raja Elango4 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1877 of 2015 ORDER:

1 . This Criminal Revision Case is filed by the petitioner against the order dated 10.8.2015 passed in Crl.M.P.No.1633 of 2015 in C.C.No.697 of 2008 by the II Additional Chief Metropolitan Magistrate, Vijayawada.

2. The petitioners-A1 to A4 filed the above Crl.M.P. under Section 319 Cr.P.C. seeking the Court to summon P.Ws.1 to 3 to be tried together with the petitioners-A1 to A4. The trial Court dismissed the said petition. Aggrieved by the same, the petitioners filed this revision.

3. Heard and perused the material available on record.

4. It is the case of the petitioners that during the chief and cross-examination, P.Ws.1 to 3 admitted that they gave Rs.4 lakhs as dowry to A1 besides 5 sovereigns of gold to the accused and that as per the Dowry Prohibition Act, the giving of dowry is also an offence and as such P.Ws.1 to 3 to be impleaded as accused for the offence under Section 3 of the Dowry Prohibition Act.

5. The trial Court dismissed the application on the ground that there is no such law to add the prosecution witnesses as the accused by invoking the provision under Section 319 Cr.P.C. based on their self-incriminating evidence.

6. Considering the facts and circumstances of the case and the reasons recorded by the trial Court, this Court is not inclined to interfere with the order under revision and hence, the revision is liable to be dismissed.

7. Accordingly, the Criminal Revision Case is dismissed. Consequently, the miscellaneous petitions pending, if any, shall stand dismissed. _____________________ JUSTICE RAJA ELANGO Dated: 4.9.2015

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THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL REVISION CASE No.1877 of 2015 04.9.2015 Nn