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High Court for State of TelanganaCRLP/6927/2016dismissed

D. Narasimhulu, S/O. Mzahender v. D. Balaswamy Chowdari, S/O. Joji, Aged Major,

2016-06-07Raja Elango1 pages

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6927 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C.) to relax the conditions by deleting the orders, dated 26.02.2016, passed in Crl.M.P.No.86 of 2016 in Criminal Appeal No.140 of 2016 on the file of the VIII Additional Sessions Judge, Ranga Reddy District, at L.B.Nagar, whereby the lower appellate Court suspended the sentence and compensation till the disposal of the appeal on executing a bond by the petitioner for a sum of Rs.10,000/- with two sureties for the likesum to the satisfaction of X Special Magistrate, Hastinapuram, Ranga Reddy District, and on depositing a sum of Rs.1,00,000/- within seven days from the date of the said order. Heard and perused the records.

Learned counsel for the petitioner submits that the petitioner is not in a position to comply with the order of the Court below and as such, prays this Court to relax the conditions imposed by the Court below by order dated 26.02.2016 in Crl.M.P.No.86 of 2016 in Criminal Appeal No.140 of 2016. Considering the facts and circumstances of the case, this Court is not inclined to interfere with the order of the Court below as the criminal petition itself is not maintainable and the petitioner is directed to approach the appropriate forum by invoking appropriate provisions. The criminal petition fails and is liable to be dismissed.

The Criminal Petition is accordingly dismissed.

Consequently, miscellaneous petitions, if any, pending, shall stand closed. _____________________ JUSTICE RAJA ELANGO 07.06.2016 pln