M.Ramchander Rao v. Mr.Kiran Raparthi

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.3219 OF 2015 ORDER:

The petitioner/A.1 has preferred the present criminal revision case by invoking the provisions under Sections 397 and 401 of Code of Criminal Procedure (Cr.P.C.,) being aggrieved by the Order dated 18.09.2014 passed in Crl.M.P.No.425 of 2014 in Crime No.898 of 2014 by the XIV Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, wherein the learned Magistrate took cognizance against the petitioner and other accused for the offences punishable under Sections 340, 348 and 506 IPC. Heard and perused the material available on record. After perusing the order passed by the learned Magistrate, this Court expressed its opinion that this Court is not inclined to interfere with the order passed by the trial Court.

After arguing for some time, the learned counsel for the petitioner, while not pressing for the main prayer, confined his arguments only to the extent of dispensing with the presence of the petitioner before the trial Court. In any event, considering the facts and circumstances of the case, the presence of the petitioner/A.1 before the trial Court is dispensed with except on the dates on which the learned Judge insists for the same and the petitioner shall be properly represented by his counsel. However, the petitioner/A.1 is at liberty to file a discharge application before the trial Court and raise all the points in the said application. On filing of such application, the trial Court is directed to dispose of the same in accordance with law and if the petitioner is aggrieved over the order passed by the trial Court in the said application, he is at liberty to approach this Court at the appropriate time.

With the above directions, the Criminal Revision Case is disposed of. Consequently, the miscellaneous petitions pending in this revision, if any, shall stand closed.

_____________________ JUSTICE RAJA ELANGO 05.01.2016 pln