Abdul Khalek Siddiqui v. Mahaveer Chand Jain

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2576 OF 2015 ORDER:

This Criminal Revision Case is filed by the petitioner, challenging the order, dated 13.10.2015 passed in Crl.M.P. No.1361 of 2015 in C.C. No. 546 of 2011 by the Special Magistrate - V, Hyderabad.

Heard and perused the material available on record. The petitioner filed Crl.M.P. No.1361 of 2015 before the Court below seeking to adjourn the main case, which is coming up for cross examination of PW.1, on the ground that his counsel before the Court below was preparing for Junior Civil Judge's examination, which was held on 25.10.2015. The Court below dismissed the said application by the impugned order. Challenging the same, this revision is filed.

Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this Criminal Revision Case is disposed of with the following directions:

The Court below is directed to fix a date on or before 30th November 2015 for cross-examination of PW.1 by the petitioner, on petitioner paying Rs.1,000/- (Rupees one thousand only) towards costs, to be paid to the de facto complainant, and in case the petitioner fails to pay the costs and fails to crossexamine PW.1 on the date fixed by the Court below, the Court below is at liberty to proceed in accordance with law. Miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J

November 03, 2015 KTL