State Rep., Inspector Of ... vs Kalahasti Raghu Babu
2023 Latest Caselaw 5174 AP

        HON'BLE SRI JUSTICE A.V. RAVINDRA BABU

       CRIMINAL REVISION CASE NO.1694 OF 2018

O R D E R:-

      The order, dated 29.03.2018 in Crl.M.P.No.109 of 2018 in

C.C.No.20 of 2008, on the file of III Additional Special Judge for

C.B.I. Cases, Visakhapatnam, is under challenge in the present

Criminal Revision Case.

      2)    The parties to this Criminal Revision Case will

hereinafter be referred to as described before the III Additional

Special Judge for C.B.I. Cases, Visakhapatnam for the sake of

convenience.

      3)    The respondent, who was a third party to C.C.No.20

of 2008 before the learned III Additional Special Judge for C.B.I.

Cases, Visakhapatnam, after the judgment of acquittal filed

Crl.M.P.No.109 of 2018 under Section 452 r/w 457 of the

Criminal Procedure Code to direct the prosecution to take back

the original documents marked under Ex.P.68 to Ex.P.71,

Ex.P.139 to Ex.P.141, Ex.P.233 and Ex.P.234 and return those

documents to the petitioner. The petitioner in Criminal

Miscellaneous Petition being a third party filed the said

application after the judgment of acquittal.

4) The respondent in the above said Criminal

Miscellaneous Petition resisted the same by filing a counter

mainly on the ground that it is taking steps to prefer an appeal.

The learned III Additional Special Judge for C.B.I. Cases,

Visakhapatnam, took note of the fact that the case was ended in

acquittal and in spite of lapse of about 9 months period from the

date of judgment, the prosecution did not file any appeal and

the petitioner also filed certified copies of the documents to

substitute with original documents, as such, allowed the

application with a direction to the respondent to take back the

original documents sought to be returned and to return those

documents to the petitioner. Challenging the said order, the

present Criminal Revision Case came to be filed.

5) When the matter is taken up for hearing, it is

brought to the notice of this Court that as against the judgment,

dated 29.06.2017 in C.C.No.20 of 2008, now an appeal filed by

the Central Bureau of Investigation, is pending before this Court.

Sri Varun Byreddy, learned counsel, representing the learned

Deputy Solicitor General of India appearing for the petitioner,

placed on record the information about Criminal Appeal No.1498

of 2018 which is pending before this Court.

6) Sri Varun Byreddy, learned counsel, representing

the learned Deputy Solicitor General of India appearing for the

petitioner, would submit that the original documents may be

necessary for the purpose of disposal of the appeal. When this

Court brought to the notice of the learned counsel for the

respondent that absolutely now the documents are not before

the trial Court and now as the matter is pending before this

Court in Criminal Appeal No.1498 of 2018 appropriate procedure

is to file an application before this Court where the said criminal

appeal is pending, he submits that the respondent may be given

an opportunity to make such an application before this Court

where the Criminal Appeal is pending.

7) Sri Varun Byreddy, learned counsel, representing

the learned Deputy Solicitor General of India appearing for the

petitioner, would also submit that let the respondent to file an

application in the Criminal Appeal so as to get the documents

returned, if the original documents are not required and if the

appeal can be disposed of by looking the certified copies if any.

8) Having considered the above submissions, I am of

the considered view that as the documents are not now

available before the learned III Additional Special Judge for

C.B.I. Cases, Visakhapatnam and as the documents now are

said to be lying in the Criminal Appeal No.1498 of 2018 and as

the petitioner herein got an order from the learned III Additional

Special Judge for C.B.I. Cases, Visakhapatnam, when there is no

appeal pending, no cause survives in the present Criminal

Revision Case.

9) In the result, the Criminal Revision Case is disposed

with an observation that the respondent is at liberty to move an

appropriate application to seek the return of documents, which

are lying in the Criminal Appeal No.1498 of 2018 against the

judgment, dated 29.06.2017 in C.C.No.20 of 2008 by the

learned III Additional Special Judge for C.B.I. Cases,

Visakhapatnam, in accordance with law.

Consequently, miscellaneous applications pending, if any,

shall stand closed.

________________________ JUSTICE A.V. RAVINDRA BABU Dt.20.10.2023.

PGR

THE HON'BLE SRI JUSTICE A.V. RAVINDRA BABU

CRL. R.C. NO.1694 OF 2018

Date: 20.10.2023

PGR