B.Balaraj Goud v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRL.R.C.NO. 1277 OF 2017 JUDGMENT:

This revision is filed challenging the docket order, dt.28.03.2017 in Crl.M.P.No.1293 of 2017 in S.C.No.18 of 2007 passed by the Metropolitan Sessions Judge,LB Nagar, Hyderabad whereunder the petitioner filed petition under Section 70(2) Cr.P.C. to recall N.B.W. without appearance. But, the learned Sessions Judge dismissed the said petition on the ground that the learned counsel for the petitioner was unable to show any provision to recall N.B.W. without appearance of the petitioner before the Court. But, during hearing, the learned counsel for the petitioner requested to fix a date for appearance of the petitioner and to file recall petition under Section 70(2) Cr.P.C.

Acceding the request of the learned counsel for the petitioner, the petitioner is permitted to appear before the Sessions Judge and file an application under Section 70(2) Cr.P.C. and on such appearance and filing petition and after issuing notice to the learned Public Prosecutor, the Sessions Judge is directed to decide the application on the same day, in accordance with law. With the above direction, the criminal revision case is disposed of. Miscellaneous petitions, if any pending in this criminal revision case shall stand closed.

______________________________ M.SATYANARAYANA MURTHY,J DATE:01-08-2017 ccm

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRL.R.C.NO. 1277 OF 2017 Date:01.08.2017 ccm