M/S. Neeta Chemical Agencies, Hyd And 3 Othrs v. P.P., Hyd And Ano

THE HON'BLE SRI JUSTI CE P. KESHAVA RAO CRI MI NAL REVI SI ON CASE NO. 2457 OF 2014 ORDER:

There is no representation on behalf of the petitioners. 2.

The present Criminal Revision Case is filed challenging the orders passed in Crl.M.P.No.1289 of 2014 in C.C.No. 89 of 2013 on the file of the Court of the XXIII Special Magistrate, Hyderabad, allowing the petition filed under Section 311 Cr.P.C. 3.

The facts in brief are that respondent No.2 herein filed the above said Calendar Case against the petitioners 1 to 4 on the file of the above said Court. During the pendency of the Calendar Case, respondent No.2 filed Crl.M.P.No.1289 of 2014 to recall PW1 for the purpose of filing and marking the copies of renewed special power of attorney extended periodically i.e., on 16.3.2012, 1.7.2013 and 27.3.2014. It is specifically stated in the said petition that since those documents were misplaced, they could not be filed along with the complaint. However, as they were traced subsequently, the application for recall of PW1 was filed. The said petition, on contest was allowed by orders dated 14.11.2014. Aggrieved by the same, the present Criminal Revision Case is filed.

4.

From the perusal of the material on record, it is seen that receiving and marking of the documents as exhibits, will

not change the nature and character of the case against the accused. The documents sought to be marked are only the renewal of the special power of attorney periodically. In fact, even if the said documents are received and marked as exhibits, an opportunity of cross-examination will be given to the petitioners herein. Hence, no prejudice would be caused to the petitioners.

5.

In that view of the matter, this Court is of the opinion that there is no irregularity or illegality in the orders passed by the Court below in allowing the petition.

6.

There are no merits in the Criminal Revision Case and accordingly, it is dismissed.

Pending miscellaneous petitions, if any, shall also stand dismissed.

_________________ P. KESHAVA RAO,J Date: 11.9.2018 KPM