Morturu Sudha Laxmi v. Sarakana Narsayamma , Narsamma

HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY Crl.P. No.10463 OF 2018 ORDER:

This criminal petition is filed under Section 482 Cr.P.C. questioning the order dated 07.05.2018 passed in Crl.M.P.No.124 of 2017 in S.C.No.152 of 2015 by the Assistant Sessions Judge, Anakapalle negating the request made by the petitioner.

The petitioner filed memo on 26.09.2017 with a request to receive computer discs, which were produced along with the charge sheet by the police to mark as exhibits on behalf of the prosecution. But the Court rejected the said memo on the ground that the documents cannot be filed along with memo since it is not contemplated anywhere in Criminal Procedure Code or in Criminal Rules of Practice and that the memo is only an intimation to the Court for a particular fact and that the Court cannot compel to pass judicial order on the memo, which is contrary to law. Therefore, rejection of the memo by the Court below is legal. However, the petitioner, if intends to file additional documents or evidence, he has to follow the procedure. The petitioner is permitted to file appropriate application before the Court below.

In the result, the criminal petition is dismissed. Pending miscellaneous petitions in the petition, if any, shall stand closed.

____________________________ M.SATYANARAYANA MURTHY,J 03.10.2018 kvrm