Petitioner-complainant filed Crl.M.P. under Section 242 CrPC for documents relevant to title in a pending civil suit. Special Judicial Magistrate dismissed it. Revision allowed leave to apply for documents during trial.
Leave granted to file a fresh application to receive documents after commencement of trial.
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HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL REVISION CASE No:1981 OF 2012
ORDER:
This revision is filed by the petitioner-complainant against the order dated 24.9.2012 passed in Crl.M.P.No.955 of 2012 in C.C.No.179 of 2012 by the Special Judicial Magistrate Court-I, Rajendranagar, Ranga Reddy District.
Respondents 2 to 5 are the accused in the above C.C. and they are facing trial for the offence punishable under Sections 447, 427 & 506 r/w Section 34 IPC. The case is coming for the evidence on behalf of the prosecution. At that stage, the petitioner-complainant filed the above Crl.M.P. under Section 242 Cr.P.C. to receive the certified copies of documents in the above case. The trial Court dismissed the same. Aggrieved by the same, the petitioner-complainant filed the present revision.
Heard and perused the material available on record.
It is alleged that the respondents-accused trespassed into the land of the petitioner-complainant and damaged the compound wall by breaking the gate and dismantling the rooms. It is the case of the petitionercomplainant that there is civil suit pending with regard to the land in question and the documents now sought to be received
necessary to prove title and possession of the complainant.
On a perusal of the material on record, it is apparent that the prosecution has not filed any sale deeds of the complainant and the accused along with the charge sheet and it is also not mentioned in the charge sheet as to whether any title deeds were considered while investigating into the matter. In the circumstances, this Court is not inclined to interfere with the order under revision.
However, the petitioner is at liberty to file a fresh application after commencement of the trial, in case any suggestion is made to him to the effect that he is not the owner of the property in question and he is not in lawful possession of the same. On such application being filed, the trial shall consider the same in accordance with law.
With the above observation, the Criminal Revision Case is disposed of. Consequently, miscellaneous petitions pending, if any in this revision, shall stand closed.
________________ Justice Raja Elango
Dated: 16.10.2012 Nn
HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL REVISION CASE No:1981 OF 2012
16.10.2012
Nn
1 issue framed by the court
Whether to quash the order dismissing the Criminal M.P. to receive certified copies of documents pending in a civil suit regarding land title.
2 provisions across 2 enactments
Petitioner-complainant
Respondents 2 to 5
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
