High Court for State of TelanganaCRLRC/2043/2015dismissed

K.Venkatesham, v. The State Of Telangana

2015-10-30Raja Elango4 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2043 of 2015 ORDER:

1. This Criminal Revision Case is filed by the petitioners-accused aggrieved by the order dated 5.6.2015 passed in Crl.M.P.No.108 of 2014 in Sessions Case No.40 of 2012 by the Special Sessions Judge for Trial of Cases under SCs & STs (POA) Actcum-VII Additional District & Sessions Judge, Ranga Reddy District at L.B. Nagar.

2. The petitioners, who are alleged to have committed the offence punishable under Section 3(1)(x) of the SCs & STs (POA) Act, moved the above Crl.M.P. seeking to discharge them. It is the case of the petitioners that they were falsely implicated in the case due to political rivalry and that the investigating officer did not consider the contradictions in the statements of the witnesses recorded under Section 161 Cr.P.C. and that there is delay in lodging the complaint.

3. Heard and perused the material available on record.

4. It is the case of the petitioners that they were falsely implicated in the above crime and no prima facie case is made out to proceed with the trial against the petitioners. This Court has gone through the order passed by the trial Court. This Court does not find any irregularity and illegality in the order under revision and hence, this Court is not inclined to interfere with the same.

5. At this stage, the learned Counsel for the petitioners has not pressed for the relief sought for in this revision and he prayed for dispensing with the presence of the petitioners before the trial Court.

6. Under the above circumstances of the case and since the identity of the petitioners-accused is not in question before the trial Court, this Court is of the view that if the presence of the petitioners is dispensed with, no prejudice would be caused.

7. Accordingly, the Criminal Revision Case is dismissed. However, the presence of the petitioners before the trial Court is dispensed with, except on the dates when their presence is insisted by the trial Court. Consequently, the miscellaneous petitions pending, if any, shall stand closed. _____________________ JUSTICE RAJA ELANGO Dated: 30.10.2015 Nn

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2043 of 2015

30.10.2015 Nn