Ambati Vijaya v. The State Of Telangana
13251 |
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY ,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL REVISION CASE NO: 490 OF 2021 Criminal Revision Case under Section 397 & 401 of Cr.P.C against the Judgment dated 0210912021 in Crl.M.P.No.417 of 2O20 in Crime No.149 ot 2019 passed on the file of the Court of the Judicial Magistrate of First Class, Narsampet.
Between Ambati Vtlaya, W/o Late Venkateshwarlu @ Venkanna, aged 51 years, Occ Home Maker, R/o Gangaputra Street, Narsampet, Warangal District. ...PETITION ER/PETITIONER/DEFACTO COM PLAINANT AND The State of Telangana, Rep. by Public Prosecutor High Court Hyderabad. 1.
.. . RESPONDENT/COM PLAI NANT Gandi Kamal Kumar, S/o Late Rajendra Prasad, ala 42 yrs, Occ Real Estate Business, R/o H.No.11-92, Shivaji Road, Near Gouda Sangam, Narsampet. 2.
Chukka Suni! Kumar, S/o Kanakaiah, ala37 Yrs, Occ Pub Manager at Hyderabad, FUo H.No.14-77; Sarojini Devi Road, Narsampet. 3.
Padishala Ashok, S/o Late Yakaiah, ala32 yrs, Occ Coolie, R/o 1-67, Sanrapuram, Narsampet.
4.
(Respondents 2 to 4 are proforma parties) ...RESPONDENTS lA NO: 1 OF 2021 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Revision Case, the High Court may be pleased to stay alt further proceedings of the Order dt.O2togt2)21 in
Crime No.149 of 2019 (PRC.No.33120211) on the file of Judicial 1Vagistrate of I Class Narsampet and to pass such other order or orders as this Hon'ble Court may deem fit and proper.
Counselfor the Petitioner: SRIC. N. MOORTY Counsel for the Respondent No.1: pUBLIC PROSECUTOR The Court delivered the following: JUDGMENT il
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL REVISION CASE No.49O OF 2O21 JUDGMENT:
1. The Criminal Revision Case is filed questioning the order of the learned Judicial Magistrate of First Class, Narsampet in Crl.M.P.No.417 of 2O2O in Cr.No.149 of 2OI9 of PS Narsampet t t I t dated O2.O9.202L, whereby the protest petition filed by the petitioner herein for adding A4 and A5 and further to order reinvestigation or denouo investigation into the matter with higher ranked police officer was dismissed.
2.
Learned Magistrate found that A4, who is an ad.vocate and the then Bar President and also A5 that no specific role was attributed to them in the protest application and though an opportunity was given for recordirrs the statements of the defacto complainant and other witnesses, the defacto complainant did not come forward to give evidence and did not produce any evidence on her behalf. In the said circumstances, petition was dismissed. 3.
The trial court is directed to issue summons and examine the witnesses in the present case. In the event of the application being made by the defacto complainant under section 319 of cr.p.c, that an offence is made out against ,{4 and A5, the same shall be ,{&id6*
!i'
I i considered on facts adduced during trial, whether to include A4 and A5 as accused or not.
4.
Accordingly, the Criminal Revision Case is disposed off. Miscellaneous applications pending, if &ny, shall stand closed Sd/.N.SRIHARI ASSISTANT REGISTRAR /TRUE COPY// ( _.fr.
SECTION OFFTCER \ To,
1. The Judicial First Class Magistrate at Narsampet.
2. One CC to Sri C. N. Moorty, Advocate [OPUC]
3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad.tOUTl
4. Two CD Copies gbr !
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\ HIGH COURT DATED: 1010212023 { ,) 'i i':r: iS I.q 15:
) 0 3 APn 2023 -v
ORDER
CRL.R.C.No.490 of 202'l '.t.'li=Jfl'.-;.1a DISPOSING OF THE CRIMINAL REVISION CASE ):