THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL REVISION CASE No.5 of 2012
Petitioner approached this Court invoking the provisions under Section 397 and 401 of Cr.P.C. aggrieved by the docket order dated 08.11.2011 in M.C.No.3 of 2008 on the file of the Judicial Magistrate of First Class, Alur, Kurnool District.
Petitioner preferred this petition praying a direction of this court to allow the petitioner to examine himself as witness in M.C.No.3 of 2008. In an earlier occasion, he preferred a revision against dismissal of 311 Cr.P.C. petition filed by him. The revisional Court passed an order directing him to deposit a sum of Rs.1500/- as costs and examine himself on 08.11.2011.
On the said date, the petitioner could not be present before the concerned court, but he has paid the costs to the other side counsel and the same was acknowledged by the other side counsel.
The learned Magistrate passed an order stating that the petitioner has not submitted himself for examination on 08.11.2011. Hence, he closed the petition filed by the petitioner herein.
The learned counsel challenging the said order submitted that the petitioner could not be present as per the direction of the revisional court on 08.11.2011 due to his mother’s illness. His absence is neither willful nor wanton and he is ready to examine himself and one more opportunity can be given.
Considering the facts and circumstances of the case, the petitioner herein is directed to be present before the concerned Court on the next date of hearing and to file an application for fixing a date to examine himself as a witness. The learned Magistrate is also directed to fix a date on payment of Rs.500/-(Rupees five hundred only) as costs to the respondent and on the date fixed, the petitioner is directed to be present in court and examine himself as a witness.
With the above observation, the Criminal Revision Case is disposed of. Miscellaneous petitions filed in this Criminal revision case, if any, shall stand closed.
JUSTICE RAJA ELANGO
3rd January 2012