Telangana High Court
CRLP/13352/2010 of GANESNA BAJE WEST GODAVARI DISTRICT Vs SRI GANGIPAMULA KANTHAJI W.G.DISTRICT AND 11 OTHERS on 30 December 2010
GOPALA KRISHNA TAMADA CRL.P.No.13352 of 2010 ORDER: This criminal petition is directed against the order dated 04.12.2010 passed in M.C.No.10 of 2010 on the file of the Mandal Executive Magistrate, Narsapur, West Godavari District. Undisputedly, a revision lies against the aforesaid impugned
HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADACRL.P.No.13352 of 2010
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ORDER:
This criminal petition is directed against the order dated04.12.2010 passed in M.C.No.10 of 2010 on the file of the MandalExecutive Magistrate, Narsapur, West Godavari District.
Undisputedly, a revision lies against the aforesaid impugned orderunder Section 397 of Cr.P.C. before the District and Sessions Court,West Godavari District at Eluru. Without exhausting that remedy ofrevision under the statute, the petitioner directly approached this Court byfiling the present petition under Section 482 of Cr.P.C. Therefore, thisCourt is of the view that this petition is not maintainable.
The learned Counsel for the petitioner submits that since theadvocates in the entire district of West Godavari are abstaining theCourts, the petitioner could not file a revision before the Sessions Judgeand, therefore, he requested this Court to permit the petitioner to file arevision before the Sessions Judge, West Godavari District.
In the aforesaid circumstances, this criminal petition is disposed ofwith a direction to the petitioner to file a revision against the impugnedorder before the Sessions Judge, West Godavari District at Eluru. However, the impugned order shall not be given effect to for a period offour weeks from the date of receipt of a copy of this order.
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30-12-2010Gsn.
(GOPALA KRISHNA TAMADA, J)