M. Aruna Kumari v. M. Gopala Krishna

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2966 OF 2015 ORDER:

The present criminal revision case is filed by the petitioner challenging the order, dated 17.11.2015, passed in C.F.R.No.3079 of 2015 in D.V.C.No.29 of 2014 by the Court of the XX Metropolitan Magistrate, Cyberabad, at Malkajgiri, whereby the Court below returned the petition filed by the petitioner. Heard and perused the records.

Learned counsel for the petitioner submits that the Court below erroneously returned the petition filed by the petitioner to reopen the D.V.C.case. The order impugned is extracted as under.

Returned The case is compounded on 09.04.2015. How this petition is maintainable. Hence, returned.

On perusing the above order, this Court is of the view that the Court below sought clarification from the petitioner as to the maintainability of the petition. It is always left open to the petitioner to inform the Court below about its maintainability and convince the Court below. Even after filing the Memo stating the reasons for maintainability of the petition, and if the Court below dismisses the same, the petitioner is at liberty to approach the appropriate forum against dismissal of the petition.

The Criminal Revision Case is accordingly disposed of. Consequently, the miscellaneous petitions filed in this revision, if any, shall stand closed. _____________________ JUSTICE RAJA ELANGO 02.12.2015 pln