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High Court for State of TelanganaCRLRC/3239/2018dismissed no costs

Siddipeta Devi Reddy v. The State Of Telangana

2018-11-28Gudiseva Shyam Prasad3 pages

HONOURABLE SRI JUSTICE GUDISEVA SHYAM PRASAD CRIMINAL REVISION CASE NO: 3239 OF 2018 O R D E R :

This Criminal Revision Case arises out of the order dated:19/10/2018 passed in Crl.MP.No. 125 of 2018 in Criminal Appeal No. 563 of 2018 by the Additional Metropolitan Sessions Judge, Ranga Reddy district, Cyberabad.

2. Heard the learned counsel for the Revision Petitioner and the learned Public Prosecutor for the respondent No.1.

3. The Revision Petitioner has filed a petition under Rule 64 of Criminal Rules of Practice seeking further extension of time to deposit 1/4th of the compensation amount on the ground of poverty and ill-health of the Revision Petitioner.

4. The learned Additional Metropolitan Sessions Judge vide docket order dated 19/10/2018 refused to grant further extension of time and dismissed the petition under Rule 64 of Criminal Rules of Practice. Aggrieved by the same, the present Criminal Revision Case is preferred.

5. The order passed by the Additional Metropolitan Sessions Judge is interlocutory in nature. The Revision ordinarily do not lie in an interlocutory application filed under section 397 [2] Cr.P.C. The docket order is only refusing to grant further extension of time on the ground of poverty and ill-health of the Revision Petitioner.

The Revision Petitioner did not file any document to substantiate his claim before the lower Court, and therefore, his petition was dismissed.

6. Having regard to the facts and circumstances of the case, this Criminal Revision Case is disposed of, however, giving liberty to the Revision Petitioner to approach the Additional Metropolitan Sessions Judge, Ranga Reddy district, Cyberabad by filing another application under Section 64 of Criminal Rules of Practice by producing necessary documents to substantiate his claim, within one week from the date of receipt of a copy of this order and on filing such application, the learned Additional Metropolitan Sessions Judge shall consider the same and pass appropriate orders accordingly.

7. With the above observation, this Criminal Revision Case is disposed of.

8. As a sequel, miscellaneous applications if any, pending in this Criminal Revision Case shall stand disposed of. _________________________________ JUSTICE GUDISEVA SHYAM PRASAD.

28/11/2018 I s L N B : Furnish C.C. tomorrow, i.e., 29/11/2018 B/o: I s L

NB: FURNISH CC TOMORROW i.e., 29/11/2018 HONOURABLE SRI JUSTICE GUDISEVA SHYAM PRASAD CRIMINAL REVISION CASE NO: 3239 OF 2018 [ RESULT : DISPOSED OF ] Circulation No: 1 0 4 Date: 28/11/2018 Court Master :: I s L