Citation : 2023 Latest Caselaw 1020 Tel
Judgement Date : 1 March, 2023
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION Nos.63, 64 & 78 of 2020
COMMON ORDER:
These Criminal Petitions are filed under Section 482 of the
Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the
petitioner/Accused to quash the common order dated 01.11.2018
passed by the XVI Additional Metropolitan Sessions Jude, Ranga
Reddy District at Malkajiri in Crl.R.P.Nos.82, 83 and 84 of 2018
filed by the complainant, wherein and whereby the learned
Sessions Judge allowed the said petitions by setting aside the
common order dt.12.06.2018 passed by the Special Magistrate-II,
Cyberabad at Malkajgiri in Crl.MP.Nos.945, 946 & 947 of 2018
filed by the complainant praying to reopen the evidence and to
recall PW1 for the purpose of marking certain documents and for
receiving the said documents.
2. Heard learned counsel for the petitioner/accused and
learned Additional Public Prosecutor for the respondent - State.
Perused the record.
3. The complainant filed Crl.MP.Nos.945, 946 and 947 of 2018
in C.C.No.137/2017 under Section 311 and 294 of Cr.P.C. which
were dismissed by the trial Court in the proceedings under Section
138 of the Negotiable Instruments Act. Aggrieved by the said
dismissal order, the complainant preferred Crl.R.P.Nos.82, 83 and
84 of 2018 before the Sessions Court which were allowed.
Aggrieved by the common order of the Sessions Court, the accused
who is the petitioner herein had filed the present petitions on the
ground that the orders passed by the trial Court under Section
311 of Cr.P.C applications are interlocutory orders and revision is
not maintainable against the said order in view of the Judgment
rendered by the Honourable Supreme Court.
4. The present petitions were filed when the trial was going on
before the Magistrate Court. During the pendency of these
petitions, the trial Court has concluded the trial and convicted the
petitioner/accused herein. For the said reason of concluding the
proceedings before the Magistrate Court, the present revision
petitions become infructuous.
5. Accordingly, these Criminal Petitions are dismissed.
Miscellaneous Petitions, pending if any, shall stand closed.
__________________ K.SURENDER, J Date: 01.03.2023 tk
THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION Nos.63, 64 & 78 of 2020
Dt. 01.03.2023
tk
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