Guglavath Gangadhar v. The State Of Telangana,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1923 of 2015 ORDER:

The petitioner filed this Criminal Revision Case by invoking the provisions under Sections 397 and 401 of the Criminal Procedure Code being aggrieved by the docket order dated 06.04.2015 passed in Crl.M.P. No.13 of 2015 in SC No.561 of 2013 by the II Additional District & Sessions Judge, Karimnagar, Jagtial. Heard and perused.

The brief facts of the case are that the petitioner is Accused No.2 in S.C.No.561 of 2013 for the offence under Section 302 read with 34 IPC. The petitioner was arrayed as accused along with A1. The case against the petitioner was split up since he was not appeared before the trial Court. The trial Court issued NBW against the petitioner. Subsequently, the petitioner surrendered himself before the trial Court and filed the impugned application for recall of the NBW issued against him. The trial Court passed the following order in the said application:

"Petitoner/A2 present, hence this petition is allowed and the NBW which is pending against petitioner/A2 is recalled and accused submit to his depositing the passport into the court and also upon his execution a personal bond for Rs.10,000/-."

Aggrieved by the above order, the present revision case is filed. Learned counsel for the petitioner submitted that A1 was acquitted by the trial Court since all the witnesses turned hostile and informed that the petitioner is ready to face the trial. Considering the facts and circumstances of the case, this Court is inclined to pass the following order:

The trial Court is directed to commence trial of the case against the petitioner on or before 10.11.2015 and took appropriate steps for conclusion of the trial before 15.12.2015, since all the witnesses turned hostile.

Accordingly, the Criminal Revision Case is disposed of. Miscellaneous petitions filed in this revision, if any, shall stand closed. ______________ RAJA ELANGO, J October 05, 2015 KTL