Smt. Rafia Sultana v. Qazi Mohammed Salamullah Ansari

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1174 OF 2016 ORDER:

The present criminal revision case is filed by the petitioner challenging the order, dated 31.03.2016, passed in Crl.R.P.No.67 of 2015 by the Court of the Metropolitan Sessions Judge, Hyderabad, whereby the lower appellate Court set aside the order of the trial Court dated 06.02.2015 passed in Crl.M.P.No.3891 of 2014 in C.C.No.431 of 2013 and directed the first respondent/A.1 to appear before the trial Court at the time of framing of charges. Heard and perused the records.

Learned counsel for the petitioner submits that the lower appellate Court erred in setting aside the order of the trial Court in issuing the Non Bailable Warrant (NBW) against the first respondent/A.1 and further erred in directing the first respondent/A.1 to appear before the trial Court at the time of framing of charges by recalling the NBW.

Considering the facts and circumstances of the case, the trial Court is directed to record the evidence produced by both the parties, and thereafter, if the trial Court decides to frame the charges against the accused persons, to fix the date for framing of charges and the first respondent/A.1 shall appear before the trial Court on that day, so fixed by the trial Court, to answer the charges. The trial Court is directed to complete this exercise as early as possible, preferably within a period of six months.

The Criminal Revision Case is accordingly disposed of. Consequently, the miscellaneous petitions filed in this revision, if any, shall stand closed. _____________________ JUSTICE RAJA ELANGO 16.06.2016 pln