Y.Surarchita Reddy vs The State Of A.P. 2 Others
2022 Latest Caselaw 483 Tel

               HONOURABLE JUSTICE G.SRI DEVI

           CRIMINAL REVISION CASE No. 570 of 2007

JUDGMENT:

The present Criminal Revision Case is filed under Sections 397

and 401 Cr.P.C., aggrieved by the order dated 10.01.2007 passed in

S.T.C. No. 215 of 2006 on the file of the Judicial Magistrate of Second

Class at Siddipet.

None appears for the revision petitioner, de facto

complainant. As the matter pertains to 2007, this Court is

constrained to dispose of the revision basing on the material

available on record. Heard the learned Assistant Public Prosecutor.

Perused the material available on record.

The petitioner herein presented the complaint before the

police on 15.01.2003 alleging that the Principal, Lecturer of S.V.B.

Junior College, Siddipet, the respondent Nos. 2 & 3 herein, beat his

son, who is studying in the said College, that they wanted to spoil

his career and in fact, he was not allowed to study in the college. On

the said complaint Police registered a case for the offence under

Section 323 IPC in Crime No. 59 of 2003 and filed the charge sheet on

06.01.2007, which was numbered as S.T.C. No. 215 of 2006.

The impugned docket order reads as under:-

"Case called, police absent. APPO not present. Accused present and counsel present. Police not produced LWs for evidence nor filed any report about the witnesses; despite giving last opportunity and cautioning

as last change, appears negligent in producing the evidence in support of prosecution. Ultimately, the police failed to produce any evidence in support of prosecution, is closed finally. Accordingly the accused acquitted for the offence U/s 323 IPC U/s 255(1) Cr.P.C. in presence of counsel for accused."

It is to be observed that the crime pertains to 2003 and the

charge sheet was filed on 06.01.2007. Thus, for the negligence on

the part of the prosecution in proceeding with the case, the learned

Trial Court rightly passed the impugned order acquitting the

accused. This Court does not find any illegality or infirmity with the

impugned order.

The Criminal Revision Petition fails and the same is

accordingly dismissed.

____________________ JUSTICE G.SRI DEVI 07-02-2022 tsr

HONOURABLE JUSTICE G.SRI DEVI

CRIMINAL REVISION CASE No. 570 of 2007

DATE: 07-02-2022