Criminal Revision Case No. 13 of 2017. Case: B. Kavitha Vs The State of A.P. and Ors.. High Court of Andhra Pradesh (India)

Case NumberCriminal Revision Case No. 13 of 2017
JudgesT. Sunil Chowdary, J.
IssueCode of Criminal Procedure, 1973 (CrPC) - Sections 239, 397, 401; Indian Penal Code 1860, (IPC) - Sections 34, 408
Judgement DateJanuary 04, 2017
CourtHigh Court of Andhra Pradesh (India)

Judgment:

T. Sunil Chowdary, J.

  1. This Criminal Revision Case is filed by the petitioner/A.2 under Sections 397 and 401 Cr.P.C. challenging the order, dated 2.11.2016 passed in Crl.M.P. No. 670 of 2016 in C.C. No. 49 of 2015 on the file of the Judicial Magistrate of I Class, Alur.

  2. The learned counsel for the petitioner submitted that no money was entrusted to the petitioner and the same was not considered by the trial court. He further submitted that the order passed by the trial court is not legally sustainable. Per contra, the learned Additional Public Prosecutor submitted that the material available on record prima-facie sufficient to proceed further against the petitioner and the present revision lacks merits.

  3. The petitioner herein is A2 in C.C. No. 49 of 2015 on the file of the Court of Judicial Magistrate of First Class, Alur. He filed the petition under Section 239 Cr.P.C. before the trial court for discharge. After affording reasonable opportunity to both sides, the...

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