Sri Amarnath Kedia v. The State Of Telangana

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1170 OF 2015 ORDER:

The petitioner 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 27.04.2015 passed in Crl.M.P.No.584 of 2015 in C.C.No.269 of 2013 on the file of the XV Additional Chief Metropolitan Magistrate cum Special Court for Trial of Video Piracy Cases, Hyderabad, whereby the Court below dismissed the discharge petition filed by the petitioner.

Heard and perused the material available on record. Learned counsel for the petitioner submitted that the second respondent/de facto complainant is in the habit of filing cases against the petitioner herein to harass him and that there is a vast delay on the part of the Court below in taking cognizance of the case against the petitioner. He further submitted that the question of identity of the accused does not arise and as such, prays this Court to dispense with the presence of the petitioner before the Court below.

Considering the facts and circumstances of the case and the nature of allegations wherein the question of identity of the accused does not arise, presence of the petitioner before the trial Court is dispensed with except on the dates when the trial Court insists for his appearance. The Criminal Revision Case is accordingly disposed of. Consequently, the miscellaneous petitions pending in this revision, if any, shall stand closed. _____________________ JUSTICE RAJA ELANGO 01.07.2015 pln