Mohammad Yusaf vs Gade Narasimha Reddy
2023 Latest Caselaw 165 Tel

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         THE HONOURABLE SRI JUSTICE K. LAKSHMAN

           CRIMINAL REVISION CASE No.215 OF 2022

ORDER:

This Criminal Revision Case is filed to set aside the order dated

18.01.2022 passed in Crl.M.P.No.56 of 2020 in S.C.No.311 of 2018

by the I Additional Metropolitan Sessions Judge at Hyderabad. The

petitioners herein are accused Nos.1 to 3 in the said case. The

offences alleged against the petitioners herein are 498-A, 420, 406,

204, 195(A) and 313 of IPC.

2. Heard Sri K.Venumadhav, learned counsel for the petitioners,

and Sri Khaja Vizarath Ali, learned Asst. Public Prosecutor for the

respondent - State. Perused the record.

3. The petitioners herein have filed a petition vide Crl.M.P.No.56

of 2020 under Section 227 of Cr.P.C. seeking their discharge. Vide

impugned order dated 18.01.2022, learned I Additional Metropolitan

Sessions Judge, at Hyderabad, has dismissed the said application.

4. Sri K.Venumadhav, learned counsel for the petitioners, would

submit that the Court below has not considered several contentions

raised by the petitioners herein in the discharge application and the

impugned order is not a reasoned order. However, on perusal of the

record would reveal that the Court below has considered all the

contentions raised by the petitioners herein including the judgments

cited by the petitioners herein. According to this Court, the

impugned order is a reasoned order. The defences taken by the

petitioners cannot be considered in a petition filed under Section 227

of Cr.P.C. The Court below has considered the entire material on

record and dismissed the application filed by the petitioners herein.

It is a reasoned order. It does not warrant any interference with the

impugned order by this Court in this revision.

5. Considering the fact that there are matrimonial dispute

between the 1st petitioner and the defacto-complainant, the petitioner

Nos.2 and 3 are the parents of the 1st petitioner/A.1 and in

matrimonial disputes identification of the parties is not in dispute,

the Criminal Revision Case is disposed of. The presence of the

petitioner Nos.2 and 3 in S.C.No.311 of 2018 pending on the file of I

Additional Metropolitan Sessions Judge at Hyderabad, is dispensed

with. However, they shall appear before the said Court as and when

their presence is required.

As a sequel, the miscellaneous Petitions, pending if any, shall stand closed.

__________________ K. LAKSHMAN, J Date: 18.04.2022 vvr