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High Court for State of TelanganaCRLRC/2794/2015disposed of no costs

Bakki Yadagiri, v. State Of Telangana,

2015-12-01Raja Elango2 pages

THE HON'BLE SRI JUSTICE RAJA ELANGO Crl.R.C.No.2794 of 2015

ORDER

The present criminal revision case is directed against the order dated 06.10.2015 passed in Crl.M.P.No.855 of 2014 in C.C.No.496 of 2015 by the learned VI Additional Judicial Magistrate of First Class, Warangal.

2. One Bakki Shoba Kumari (L.W.1) filed a complaint against respondents 2 to 11 herein for their alleged highhanded action and also their threat against the watchman and also his family members and the same was registered as Cr.No.214 of 2012 for the offences punishable under Sections 447, 448, 427, 506 read with Section 34 IPC and after due investigation, the police filed the charge sheet and the same was registered as C.C.No.496 of 2015 on the of the VI Additional Judicial Magistrate of First Class, Warnagal. The petitioner (L.W.2), who is the husband of the de facto complainant, filed the impugned application under Section 302 Cr.P.C. seeking permission of the Court to conduct prosecution by an Advocate of his choice. By the order impugned, the said petition was dismissed. Aggrieved by the same, the present revision is filed.

3. Heard and perused the material on record.

4. As seen from the order impugned, the trial Court observed that if the petitioner has no confidence on the Assistant Public Prosecutor, in-charge of the case, for any reason, he has to approach the authority concerned with a request to entrust the matter to another Assistant Public Prosecutor, but he cannot seek

permission of the Court to allow another to conduct prosecution in place of the existing Assistant Public Prosecutor and he would not be allowed to conduct the prosecution by an Advocate of his choice. Therefore, this Court is of the view that the order of dismissal passed by the trial Court is in accordance with law and there is no need to interfere with by this Court. However, the petitioner is at liberty to engage a counsel for filing written arguments after completion of the trial.

5. Accordingly, the Criminal Revision Case is disposed of. Miscellaneous petitions, if any, pending in this revision shall stand closed.

_____________________ JUSTICE RAJA ELANGO 1st December, 2015 sj