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High Court for State of TelanganaCRLRC/1889/2018disposed of no costs

Vanga Josephen v. The State Of Telangana

2018-07-18P.Keshava Rao2 pages

THE HON'BLE SRI JUSTICE P.KESHAVA RAO CRIMINAL REVISION CASE No.1889 OF 2018 ORDER:

The present Criminal Revision Case is filed questioning the docket order passed in Crl.A.No.82 of 2017 in C.C.No.93 of 2012, dated 07.06.2018 on the file of I Additional Sessions Court at Khammam, directing the petitioners herein to appear on the next date of hearing i.e. on 31.07.2018.

Heard the learned counsel for the petitioners and learned Public Prosecutor appearing for the respondent-State. The facts, in brief, are that the petitioners herein along with two others were charged for the offences under Sections 498-A, 406 IPC and Sections 3 and 4 of Dowry Prohibition Act, in C.C.No.93 of 2012 on the file of I Additional Judicial Magistrate of First Class, Khammam. After completion of trial, the petitioners along with two other accused were acquitted of the charges by judgment dated 27.10.2016. Aggrieved by the said judgment, the State-respondent herein filed an appeal vide Crl.A.No.82 of 2017 on the file of I Additional Sessions Court at Khammam. The lower appellate Court, on 07.06.2018 passed orders directing the petitioners herein to appear on the next date of hearing i.e. on 31.07.2018.

Aggrieved by the same, the present revision is filed. The learned counsel appearing for the petitioners would contend that the presence of the petitioners herein before the lower appellate Court on each and every date of hearing is not required. However, they are ready to appear before the lower appellate Court as and when their presence is required.

The learned Public Prosecutor appearing for the Staterespondent has not opposed the said submission and requested this Court to direct the petitioners to appear before the lower appellate Court whenever their presence is required. Taking the said submissions into consideration, this Court feels it appropriate to direct the petitioners herein to appear in Crl.A.No.82 of 2017 on the file of I Additional Sessions Court, Khammam as and when required and directed to appear before the Court. It is needless to observe that the presence of the petitioners before the lower appellate Court is not required unlike the trial Court where their presence is required on each and every date of hearing more particularly, the petitioners have already engaged a counsel to represent them before the lower appellate Court.

With the above observation, the Criminal Revision Case is disposed of.

Pending miscellaneous petitions, if any, shall stand closed. ___________________ P.KESHAVA RAO,J 18th JULY 2018.

Tsr