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High Court for State of TelanganaCRLRC/2486/2014dismissed

C. S. Radhapuri, v. The State Of Telangana,

2015-06-04Raja Elango2 pages

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2486 OF 2014 ORDER:

This Criminal Revision Case is filed against the docket order, dated 15.10.2014, passed in CC No.965 of 2013 by the VI Metropolitan Magistrate, Medchal, Ranga Reddy District.

The brief facts of the case are that originally a case was registered against three persons in Crime No.644 of 2011 for the offences under Sections 447, 420, 468, 471 and 506 read with 34 IPC and the same was investigated into and charge sheet was filed against one accused, deleting the names of other two persons. Aggrieved over the same, the petitioner preferred Crl.M.P. No. 2095 of 2014 under Section 202 Cr.P.C. Learned Magistrate dismissed the said application by observing as follows:

"Perused the contents of the petition. This petition is not maintainable and the petitioner have every opportunity for getting Accused No.2 and Accused No.3 impleaded based on prosecution evidence." Challenging the above order, the present revision is filed by the petitioner. Heard and perused the material available on record. Provision under Section 202 Cr.P.C. can be invoked once the Magistrate has taken cognizance on the basis of a complaint filed under Section 200 Cr.P.C. After investigation was completed and charge sheet was filed deleting the names of some persons, the petitioner is at liberty to prefer a protest petition to implead the other persons also.

Hence, the Criminal Revision Petition is disposed of directing the petitioner to prefer an application informing the Court that he is protesting the case regarding

deletion of the names of the other two persons. On filing of such application, the learned Magistrate is directed to pass appropriate orders in accordance with law. Miscellaneous petitions, pending if any, shall stand closed. ______________ RAJA ELANGO, J June 04, 2015.

KTL