Disposed

Koyyalamudi sudha Rani, v. Kuchipudi Venkata Satyanarayana (A1)

Telangana HC2 Sept 2014CRLP/9210/2012

Case brief

AI extract

What is this about?

Criminal Petition filed to summon an enquiry report. The High Court held that the lower court correctly dismissed the application for not availing Section 311 Cr.P.C remedies earlier. The lower court is given liberty to invoke Section 311 for summons.

What did the court decide?

Criminal Petition disposed of; liberty granted to prosecution to invoke Section 311 Cr.P.C in lower Court.

Koyyalamudi sudha Rani, Vs Kuchipudi… — Civil Procedure and Limitation | Telangana HC (2014)

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HON’BLE SRI JUSTICE S. RAVI KUMAR

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CRIMINAL PETITION NO. 9210 OF 2012

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ORDER:

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This Criminal Petition is filed under Section 482 Cr.P.C to direct the Principal Judicial First Class Magistrate, Kovur, West Godavari District to summon the enquiry report of PW-3 dated 15.3.2007 for the purpose of trial in CC No. 142 of 2010.

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Heard both sides.

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Advocate for the petitioner submitted that enquiry report dated 15.3.2007 is the main document, which is also referred to in the charge sheet, but it was not produced inspite of summoning PW-3, who is enquiry officer, as per the order dated 29.6.2012. It is submitted that the enquiry report is said to have been handed over to District Panchayat Officer as per the evidence of PW-3 but it has not come on record.

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The Sarpanch, who is de-facto complainant, examined as PW-4, has filed this application with a request to direct the lower Court to summon the enquiry report from the office of District Panchayat Officer.

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I have perused the material papers filed along with this petition. The learned Magistrate by an order dated

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15.11.2012 dismissed the application filed by the prosecution for issuance of summons to E.O (P.R & P.D) Devarapalli and Divisional Panchayat Officer, Kovvur to produce the enquiry report and cash book and other relevant records. The said petition is dismissed holding that the prosecution has not availed the remedies at earlier point of time. As seen from material, prosecution has not availed the remedy under Section 311 Cr.P.C, which is relevant provision for summoning the witnesses where the Court is empowered to examine such witness when it feels necessary for just decision in the case.

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Admittedly, even if the enquiry report is produced in terms of Section 91 Cr.P.C, no purpose will be served because concerned has to be examined in connection with that report. As seen from the material, though earlier summons were issued report was not produced and no further steps are taken either by the prosecution or by the petitioner herein for non-compliance of the earlier order of the Court below. Now as seen from the material, the case is still pending because of the stay granted by this Court, considering the facts of the case and submissions of both sides, I am of the view that the petition can be disposed of by giving liberty to the prosecution to invoke Section 311 Cr.P.C for summoning the witness and also the enquiry report dated

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15.3.2007, in which case the Court below shall consider the same.

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With this observation, the Criminal Petition is disposed of. Miscellaneous petitions, pending if any in this Criminal Petition, shall stand closed.

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_______________________________ SRI JUSTICE S. RAVI KUMAR DATE: 02.09.2014 KA

Koyyalamudi sudha Rani, v. Kuchipudi Venkata Satyanarayana (A1)

Case brief

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What did the court decide?

Koyyalamudi sudha Rani, v. Kuchipudi Venkata Satyanarayana (A1)

Case brief

What is this about?

What did the court decide?

What the court decided

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