E. Rama Rao, S/o E. Venkappa Vs The Honble IX Metropolitan Magistrate, Miyapur

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THE HON’BLE SRI JUSTICE N.V.RAMANA AND THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR

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W.A.No.1152 of 2013

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ORDER: (per the Hon’ble Sri Justice N.V.Ramana)

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Unsuccessful writ petitioner is the appellant herein.

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Writ appeal is filed against the order of the learned Single Judge dated 02.07.2013 passed in Writ Petition No.18670 of 2013.

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Appellant herein filed the aforesaid writ petition challenging the order in Crl.M.P.No.491 of 2013 dated 26.03.2013 on the file of IX Metropolitan Magistrate, Cyberabad, Kukatpally to the extent of directing the appellant to furnish particulars of the inmates of his house and produce the minor child on the dates of hearing before the Court.

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Learned single Judge after hearing both sides dismissed the said writ petition by holding that the appellant has to comply with the condition imposed by the trial Court.

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Learned counsel for the appellant submits that instead of filing an application under Section 482 Cr.P.C. he has filed the writ appeal and therefore, he seeks permission to withdraw the appeal with a liberty to avail the alternative remedy available under Section 482 Cr.P.C.

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Permission is accorded.

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The writ appeal is, accordingly, dismissed as withdrawn.

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However, the appellant is at liberty to file appropriate application seeking appropriate relief before the Court concerned. If any such application is filed, the concerned Court can consider the same without taking into consideration any of the observations made by the learned single Judge. The miscellaneous petitions, if any, filed in the appeal shall stand closed. There shall be no order as to costs.

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______________________ JUSTICE N.V.RAMANA

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_________________________________ JUSTICE VILAS V.AFZULPURKAR

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18^th July, 2013 Ksp

E. Rama Rao, S/o E. Venkappa v. The Honble IX Metropolitan Magistrate, Miyapur

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E. Rama Rao, S/o E. Venkappa v. The Honble IX Metropolitan Magistrate, Miyapur

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