CRLP/2588/2009 of Mohd. Zakir , Zakir Vs State of A.P. on 31 December 2010

ORDER:

The petitioner approaches this Court with a prayer to quash the ordersdated 18.2.2009 in Criminal R.P.No. 12 of 2009 on the file of theMetropolitan Sessions Judge, Hyderabad confirming the order dated7.2.2009 in Crl.M.P.No. 572 of 2009 on the file of the XIV Additional ChiefMetropolitan Magistrate, Hyderabad.

The petitioner herein is accused no.5 of the offence under Sections147, 148, 302, 120-B, 149 of IPC and Sections 25 and 27 of the Arms Act, hewas arrested on 6.11.2008. He filed a petition seeking bail under section 167(2) of Criminal Procedure Code on 5.2.2009 and on the same day, the policealso filed a charge sheet. The said petition was dismissed by the trial Courtby orders dated 7.2.2009 in Crl.M.P. No. 572 of 2009 in Crime No.990 of2008, against which the petitioner preferred a revision in Crl.R.P. No. 12 of2009 on the file of the Metropolitan Sessions Judge, Hyderabad, which wasalso dismissed by orders dated 18.2.2009. Hence, the present CriminalPetition.

Heard the learned counsel for petitioner and learned Public Prosecutor.

It is seen from the record that as on the date of filing of the petitionseeking bail under Section 167 (2) of Criminal Procedure Code, theprosecution filed charge sheet, hence the learned Magistrate has rightlydismissed the said application on the ground that petitioner is not entitled to seek bail under Section 167 (2) of the Code, which order was confirmed inrevision by lower Appellate Court by orders dated 18.2.2009. The saidorders are in accordance with law and needs no interference by this Court. The Criminal Petition fails and accordingly dismissed.

DATE: 31.12.2010TVK

______________RAJA ELANGO,J

THE HON’BLE SRI JUSTICE RAJA ELANGO

CRL.PETITION No. 2588 OF 2009

DATE: 31.12.2010