In a revision against an order dismissing a petition for handover summons to examine witnesses, the Court held that the petitioner can review the application in the lower Court if eye witnesses could not be examined.
Allowed review of the application by the petitioner before the lower Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HONOURABLE SRI JUSTICE N.R.L.NAGESWARA RAO
C.R.P.No.4210 OF 2009
Dated 21-04-2011
Between:
Mohd. Reshma and others.
…Petitioners.
And:
Md.Nazeer Ahmed and another.
……Respondents.
HONOURABLE SRI JUSTICE N.R.L.NAGESWARA RAO
C.R.P.No.4210 OF 2009
ORDER:
This revision is filed against the orders of the 2nd Additional Chief Judge, City Civil Court, Hyderabad passed in I.A.No.1950 of 2009 in O.P.No.1579 of 2007.
2. The petition was one filed by the petitioners to issue the handover summons to one V.Jagalu, HC of Sultan Bazar Police Station, Hyderabad to speak about the accident and the said petition was dismissed finding that since the copy of F.I.R. is already filed, an examination of the witness is not necessary.
3. 161 Cr.P.C. statement of the witnesses was recorded. There was no reason given for inability to examine the persons who gave statements and who are the best witnesses to the incident. It is also not on record that the Insurance Company was disputing the incident,
4. In the above circumstances, in case, if eye witness to the incident could not be examined, then the petitioner can review the application before the lower Court.
5. With the above observation, this C.R.P. is disposed of. No costs.
_________________________________ Justice N.R.L.NAGESWARA RAO Dated 21-04-2011.
Dvs
HONOURABLE SRI JUSTICE N.R.L.NAGESWARA RAO
C.R.P.No.4210 OF 2009
Dated 21-04-2011
1 provisions across 1 enactments
Mohd. Reshma and others
Md. Nazeer Ahmed and another
N.R.L. Nageswara Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
