P. Kishtaiah v. Sri N. Prabhakar Rao

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6675 of 2016 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, is filed by the petitioner-accused seeking to direct the X Special Magistrate, Erramanzil, Hyderabad, to receive the application in Crl.M.P.SR.No.1553 of 2016 in CC No.141 of 2015.

Heard and perused the material available on record. The petitioner filed the application impugned under Section 311 Cr.P.C., to reopen the evidence of defence and to summon the Bank Manager, Narayanaguda Branch, Hyderabad, to produce the original facts and transactions. The Court below returned the said application on three grounds on 19.04.2016. Thereafter, the petitioner resubmitted the said application on 20.04.2016 by complying with the objections raised by the learned Magistrate. The present petition is filed by the petitioner seeking a direction to the Court below to receive the application filed by him. A perusal of the record discloses that there is no material to show that the application filed by the petitioner was numbered or rejected. Hence, this Court is of the view that the present application is pre-mature in nature and therefore, the same is liable to be dismissed.

Accordingly, the Criminal Petition is dismissed.

Miscellaneous Petitions pending if any, shall stand closed. ______________ RAJA ELANGO, J April 28, 2016.

KTL