Citation : 2023 Latest Caselaw 746 Tel
Judgement Date : 10 February, 2023
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL REVISION CASE No.490 OF 2021
JUDGMENT:
1. The Criminal Revision Case is filed questioning the order of
the learned Judicial Magistrate of First Class, Narsampet in
Crl.M.P.No.417 of 2020 in Cr.No.149 of 2019 of PS Narsampet
dated 02.09.2021, whereby the protest petition filed by the
petitioner herein for adding A4 and A5 and further to order
reinvestigation or denovo investigation into the matter with higher
ranked police officer was dismissed.
2. Learned Magistrate found that A4, who is an advocate and
the then Bar President and also A5 that no specific role was
attributed to them in the protest application and though an
opportunity was given for recording the statements of the defacto
complainant and other witnesses, the defacto complainant did not
come forward to give evidence and did not produce any evidence on
her behalf. In the said circumstances, petition was dismissed.
3. The trial Court is directed to issue summons and examine the
witnesses in the present case. In the event of the application being
made by the defacto complainant under Section 319 of Cr.P.C, that
an offence is made out against A4 and A5, the same shall be considered on facts adduced during trial, whether to include A4
and A5 as accused or not.
4. Accordingly, the Criminal Revision Case is disposed off.
Miscellaneous applications pending, if any, shall stand
closed.
_________________ K.SURENDER, J Date: 10.02.2023 kvs THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL REVISION CASE No. 490 OF 2021
Dt. 10.02.2023
kvs
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