Dr. S.Jitender Kumar Naik, v. S.Lavanya,
THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2219 OF 2015 ORDER:
The petitioner has preferred the present criminal revision case by invoking the provisions under Sections 397 and 401 of Code of Criminal Procedure (Cr.P.C.,) being aggrieved by the docket order, dated 11.03.2015, passed in Crl.M.P.No.901 of 2013 in M.C.No.127 of 2012 on the file of the Court of the Judge, Family Court, Ranga Reddy District, whereby the learned Judge allowed the petition filed by the petitioners.
Heard and perused the material available on record. Learned counsel for the petitioner submits that the petition filed by the petitioner to receive the additional documents is allowed by the Court below without assigning any valid reasons and as such, the same is liable to be set aside.
It is necessary to extract the order impugned, which is as follows.
Petitioner present. Respondent not present. Hence heard the petitioner and perused the petition and counter. Hence petition is allowed subject to proof and relevancy. On perusing the order impugned, this Court is of the view that the learned counsel for the petitioner rightly submitted that the Court below passed docket order without assigning any reasons for allowing the application filed by the respondents 1 to 3 herein. Whenever an application/petition is filed by any of the parties, it is the duty of the Court to give valid reasons for allowing or dismissing the said application/petition. But, the order impugned does not disclose the nature of application, the reasons on which the application is filed and the reasons for allowing the said application. Considering the above, the order dated 11.03.2015 passed in Crl.M.P.No.901 of 2013 in M.C.No.127 of 2012 is set aside and the
matter is remitted to the Court below and the Court below is directed to pass appropriate orders by giving valid reasons for passing the such order.
The Criminal Revision Case is accordingly disposed of. Consequently, the miscellaneous petitions filed in this revision, if any, shall stand closed.
_____________________ JUSTICE RAJA ELANGO 15.12.2015 pln