Poludasu Vemana, v. State Of A.P.

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND SEVENTEEN PRESENT HONOURABLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL REVISION CASE NO. 429 OF 2016 Between:

Poludasu Vemana ...

Petitioner V/s.

State of Andhra Pradesh Represented by its Public Prosecutor High Court of Judicature for the State of Telangana & Andhra Pradesh Hyderabad.

...

Respondent Counsel for the Petitioner:

Sri A. Radhakrishna Counsel for the Respondents:

Public Prosecutor [A.P.] The court made the following:

[order follows]

HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL REVISION CASE NO. 429 OF 2016 O R D E R :

This Criminal Revision Case is filed under section 397 and 401 of Cr.P.C., questioning the proprietory and legality of the order passed in Crl.MP.No. 472 of 2015 in CC.No. 11 of 2009 passed by Special Judge for SPE and ACB Cases-cum-II-Additional District and Sessions Judge, Nellore, dated 07/01/2016

2. The Revision Petitioner filed a petition under section 311 of Cr.P.C. to reopen the case and to adduce evidence on his behalf as per the enclosed list on various grounds but the said petition was dismissed assigning reasons by the trial court and the same order is now under challenge in the present criminal revision.

3. At the time of hearing, this Court raised the maintainability of the Revision against the order under section 311 Cr.P.C., as it is an interlocutory in nature and in view of the bar under section 397 [2] of Cr.P.C. This question is no more res integra in SETURAMAN V/s.

RAJAMANIKYAM

1. Therefore, the order under challenge is interlocutory in nature and consequently no revision is maintainable.

4. Accordingly, the Criminal Revision Case is dismissed, leaving it open to file an appropriate application.

5. As a sequel, miscellaneous petitions if any, pending in this Criminal Revision Case shall stand closed.

________________________________ JUSTICE SATYANARAYANA MURTHY.

29/08/2017 I s L 1 ) AIR 1991 SC-1346 : 2009 [CRIMINAL LAW JOURNAL] 2247

HONOURABLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL REVISION CASE No. 429 OF 2016 [DISMISSED] Date: 14/09/2017 Circulation No. 118 Court Master : I s L