Somishetty Gangaram v. The State Of Telangana,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY THE THIRTETH DAY OF AUGUST TWO THOUSAND AND SEVENTEEN PRESENT HONOURABLE SRI JUSTICE M . SATYANARAYANA MURTHY CRIMINAL REVISION CASE NO. 2182 OF 2017 Between:

Somishetty Gangaram ...

Petitioner V/s.

State of Telangana Represented by its Public Prosecutor High Court of Judicature for the State of Telangana & Andhra Pradesh Hyderabad & Anr.

...

Respondents Counsel for the Petitioner:

Sri G. Anandam Counsel for the Respondents:

Public Prosecutor [TG] The court made the following:

[order follows]

HONOURABLE SRI JUSTICE M . SATYANARAYANA MURTHY CRIMINAL REVISION CASE NO. 2182 OF 2017 O R D E R :

This Criminal Revision Case is filed under section 397 and 401 of Cr.P.C., questioning the propriety and legality of the order passed in Crl.MP.Nos.1509 of 2017 in CC.No. 293 of 2015 passed by the XII Special Magistrate, Hyderabad, dated 16/6/2017, allowing the petitions filed by the second respondent herein under section 294 of Cr.P.C., on various grounds.

2. The second respondent herein filed a petition under section 294 of Cr.P.C. to re-open the case and to receive the material documents; namely, authorisation letter dated 23/3/2014 and partition deed dated 19/9/1996, the said petition was allowed assigning reasons by the trial court and the order is now under challenge in the present criminal revision.

3. At the time of hearing, this Court raised the maintainability of the Revision against the order under section 294 and 311 of Cr.P.C., as it

is an interlocutory in nature and in view of the bar under section 397 [2] of Cr.P.C. This question is no more res integra in SETURAMAN V/s. RAJA MANIKYAM 1. Therefore, the order under challenge is interlocutory in nature and consequently no revision is maintainable.

4. Accordingly, the Criminal Revision Case is dismissed.

5. As a sequel, miscellaneous petitions if any, pending in this Criminal Revision Case shall stand closed.

_______________________________________ JUSTICE M . SATYANARAYANA MURTHY.

30/08/2017 I s L 1 ) AIR 1991 SC-1346 : 2009 [CRIMINAL LAW JOURNAL] 2247

HONOURABLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL REVISION CASE No. 2182 OF 2017 { DISMISSED } Date: 30/08/2017 Circulation No. 262 Court Master : I s L