Sunil Soni v. Smt M Laxmi

[ 329s J

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AY HYDERABAD TUESDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL REVISION CASE NO: 2080F 2024 Criminal Revision Case filed under Section 397 R/w 401 of CrpC against the order dated 05-06-20't5 in Crt.MP.No. 4380 of 2013 in CC.No. grc 0{2012 on the file of the Court of the ll Additional Chief Mekopolitan Magistrate, Hyderabad.

Between:

Sunil Soni, S/o. Shiva Kumar_Soni, Aged 51 Years, Occ: Business, Balaji Gas Appliances, 5-1 633/1 ,Troop Bazar, Kbti,Hyderabad ...PETITIONER/COMPLAINANT AND

1. 9mt. M. Laxmi, Wo. M Viswanatha Rao, Aged about 44 years, Occ Housewife, Flat No. 302, Sarvadari Residency, Kushaiguda, Hyderabad 62.

2. M. Narendranath Rao, S/o. M Viswanatha Rao, Aged about 21 years, Occ Student Flat No. 302, Sarvadari Residency, Kushaiguda, Hyderabat €2.'

3. M Mahesh Rao, S/o. M Viswanatha Rao, Aged about 23 years, Occ pvt Employee, Flat No. 302, Sarvadari Residency, Kushaiguda, Hiderabad €2. ...RESPONDENTS/ PETITIONERS/ACCUDSE No.3 to 5

4. The State. of Telangana, Rep by its Public Prosecutor, High Court Bldgs, Hyderabad.

R E s Po N D E N r i'i[53E3 U?'=J,] Counsel for the Petitioner: SRl. KTRAN PALAKURTHI (NOT PRESENT) Counsel for the Respondents 1 to 3: SRl. KAMARAJUGADDA SRINIVASA RAO (NOr PRESENT) Counsel for the Respondent No. 4: SRl. VIZARATH ALI PUBLIC PROSECUTOR The Court made the following: ORDER

I THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL CRIMINAL REVISION CASE No.2Oa oF 2024 ORDER:

The present Criminal Revision Case is filed seeking to set aside the order dated 05.06.2015 in Crl.M.P.No.43B0 of 2013 in C.C.No.973 of 2OL2 on the file of the II Additional Chief Metropolitan Magistrate, Hyderabad (for short 'the trial Court). 2.

No representation on both sides. Heard Mr. Vizarath Ali, learned Assistant Public Prosecutor appearing for respondent I No.4/State.

, 3.

Brief facts of the case are that the trial Court vide order dated 05.O6.2015 in Crl.M.P.No.4380 of 2013 in C.C No.973 of 2012 discharged the respondent Nos.1 to 3/accused Nos.3 to 5 herein for the offences punishable under Sections 42O, 4OB, 477 A read with 34 IPC. Assailing the same, the present Revision. 4.

Learned Assistant Public Prosecutor contended that this Court vide order dated 27.O4.2O22 in Crl.R.C (SR) No.3l9B of 2022 held that as against an interlocutory order, a Revision under Section 397 of Criminal Procedure Code is not maintainable. Therefore, seeks to dismiss the Revision.

5.

In view of the above, this Court is not inclined to entertain the Criminal Revision Case at this stage, as the proceedings hereunder are covered by the order dated 27.04.2022 in Crl.R.C (SR) No.3198 of 2022 passed by this Court.

6.

Accordingly, the Criminal Revision Case is dismissed. The petitioner is at liberty to work out the remedies available under law.

Miscellaneous Petitions, pending if any, shall stand closed. sd/- T.sRtN DEPUW R ,,TRUE COPY// sEc FICER To,

1. The ll Additional Chief Metropolitan Magistrate, Hyderabad.

2. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT]

3. One CC to SRl. KIRAN PALAKURTHI, Advocate [OPUC]

4. One CC to SRl. KAMARAJUGADDA SRINIVASA RAO, Advocate [OPUC]

5. Two CD Copies VtYCh

HIGH COURT DATED: 0910112024 oe 1HE S14 14:

o(

ORDER

D 0 tltY 2024 'J CRLRC.No.2O8 ot 2024 ,5r)c.SI,n TcHEO DISMISSING THE CRL.R.C f,t \o)q