Telangana High Court
P. Raju, vs The State Of Telangana, on 30 December, 2024
THE HON'BLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION NO.11962 OF 2024
ORDER:
This criminal petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 by the petitioner/A.2, aggrieved by the order dated 06.03.2023 passed in Crl.M.P.No.215 of 2022 in C.C.No.519 of 2016.
2. Crl.M.P.No.215 of 2022 is filed by the prosecution under Section 275 of Cr.P.C, to issue a commission for examination of the eye witnesses i.e., Lws.1 and 2 in C.C.No.519 of 2016. The respondent/accused therein filed counter opposing the same. After hearing both sides, the trial Court allowed the said petition appointing the Commission for recording the evidence of Lws.1 and 2.
3. Heard Sri G.Rajasekhar Reddy, learned counsel for the petitioner/accused, learned Assistant Public Prosecutor for the respondent-State and Sri G.Naveen Kumar, learned counsel for the 2nd respondent.
4. The contention of learned counsel for the petitioner is that the trial Court has not followed the procedure under Section 284 of Cr.P.C. Under Section 284 of Cr.P.C, the Magistrate has 2 to record the evidence as Commission, but not advocate. Apart from that there is no petition filed by the complainant or the witnesses for issuance of commission. The petition is filed by the prosecution and the defacto complainant filed counter stating that no summons were served on them and they are fit to attend Court physically. Hence, prayed this Court to set aside the order of trial Court.
5. Learned Assistant Public Prosecutor would submit that if the witnesses are ready to appear before the trial Court, they have no objection for recording their evidence in the Court.
6. Considering the submissions made by both the Counsel and the material on record, as the witnesses are ready to appear before the trial Court physically, the order dated 06.03.2023 passed in Crl.M.P.No.215 of 2022 in C.C.No.519 of 2016 is hereby set aside.
7. Accordingly, the Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date :30.12.2024 Note :
Issue c.c. by 31.12.2024 B/o Rds 3 THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION NO.11962 OF 2024 DATE : 30.12.2024 Rds