Accused in a cheque case sought expert examination of two exhibits to determine ink age; trial court dismissed the application. The High Court allowed the criminal petition under Section 528 BNSS, set aside the dismissal order, and directed sending Exs.P.1 and P.2 to a handwriting expert.
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.
[3385 ]
IN THE HIGH COURT FOR OF TELANGANA AT HYDTJREABIilE
MTPJ] TWO THOUSAND HE TWELFTH AND TWENTY DAY OF AUGUSTFOUR '
PRESENT
THE HONOURABLE SMT JUSTICE K. SUJANA
CRIMINA L PETITION N O:9217 oF 2024
Between:
Anandasi Ravi Babu @ Babu., Aged about 4g years, Occ. lce plant Business and granite Business,Vijaya Shanti lce plant, H.No. 3_1_128t2, Behind Narthaki Talkies, Mohan Raod, Khammam [t/unicipal Corporation and District.
...PETITIONER/PETITIONER/ACCUSED
AND
...RESPONDENT/ RESPONDENT /COMPLAINANT
Petition under Section 528 of B.N.S.S,, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the Order dated 311O712024 passed in Crl.MP.NO. 688 of 2024 in CC.NO. 305 of 2017. on the file of Hon'ble ll Additional Judicial Magistrate of First Class at Kothagudem, against the petitioners.
l.A. NO: 2 OF 2024
Petition under Section 528 of B.N.S.S.,praying that in the circumstances S\a\gd\n \he \ltemorandumo\ Grounds ot Cr\mina\ Petr\on' \he H\sh cour\ maY
be pleasedto Stay of all further proceedings rn Order daled31tO7 12024passedin Cr|.MP.NO688 of 2024 lN CC NO 305 of 2017' on the file of Hon'blell AdditionalJudicial Magistrate of First Class at Kothagudem' pending disposal of the aboveCriminalPetition'
This Petitioncomingon for hearing' upon perusing the tvlemorandumof Groundsof Criminal Petition and upon hearing the argumentsof Sri P SREE RAMYA'Advocate for the Petitioner and of Sri S Ganesh'the PublicProsecutor for thestate of reranganaon beharf of the Respondent No.1 and None Appeared for theResPondent No'2
The Courtmade the following: ORDER
THE HONOURABLESMT. JUSTICEK. SUJANA
CRIMINAL PETITION No.92L7of 2024
ORDER:
In this CriminalPetition,filed underSection528 of the BharatiyaNagarikSuraksha Sanhita,2023 (for short'BNSS') the petitioner/accusedis challengingthe order, dated 3l'O7'2O24 passed in Crl.M.P.No.688of 2024 in C'C'No'305of 2Ol7 by Il AdditionalJudicialMagistrateof First Class, Khammam' By the impugnedorder, the applicationfiled by the petitionerunder Section 45of the Indian Evidence Act to Exs'P'1 and P'2 to handwritingexpertfor ascertainingthe age of the ink on Exs'P' I andP.2,was dismissed.
I ,
3 Learned counselfor the petitioner submittedthat the cheque amountlsRs.19,OO,0O0/-and it is crucialfor the petitioner todetermine the age of ink on Exs'P' I and P'2 to prove his case.Hence, he prayed this Court to allow the Criminal Petition bysendingExs'P' 1 and P'2 to handwritingexpert for determiningthe age of the ink'
2
. Miscellaneous applications, if any pending, shall also
stand closed.
Sd/- A.V.S.PRASAD ASSISTA REGISTRAR
\
To
//TRUE COPYII
SECTION OFFICER
PR
w
HIGH COURT
DATED:1 2108t2024
ORDER
-.:::::--
1-,g irr r, -:
l a. <br>C
'+,) <br>n i ;',:\ 2t?t
)
,tt" -/
CRLP.No.9217 of 2024
ALLOWING THE
CRL.PETITION
<ce& ff"-r
1 issue framed by the court
Whether the trial court erred in dismissing the application to send Exs.P.1 and P.2 to a handwriting expert to determine the age of the ink.
2 provisions across 2 enactments
Anandasi Ravi Babu @ Babu
Chidumula Venkatreddy
The State of Telangana
K. Sujana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
