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2022 Supreme(Telangana) 804

K. SURENDER
Dasari Aruna – Appellant
Versus
State of Telangana – Respondent


Advocates appeared:
S.Sudershan, Advocate, Jakkamsetti Ravindra, Advocate

JUDGMENT

K.SURENDER, J. - This Criminal Petition is filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking direction to the respondent Police to conduct further investigation in respect of examining the material witnesses, who filed the affidavits along with this criminal petition, in C.C.No.467/2016 on the file of the XXIII Metropolitan Magistrate, R.R. District at Rajendra Nagar.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor Sri Sudershan, for respondent State and perused the record.

3. The grievance of the petitioner who is defacto complainant in C.C.No.467/2016 is that though there are other witnesses, the police failed to examine the witnesses i.e. Smt.P.Sridevi, Sri Kandula Rama Rao and Sri Koti Reddy, who are material witnesses and have a bearing on the prosecution case.

4. Though an application under Sec. 173(8) of Cr.P.C. was made, the learned Magistrate has refused to refer the case for the purpose of further investigation.

5. For examining any witnesses who are not cited as witnesses in the Memo of Evidence filed by the prosecution, the defacto complainant or the prosecution has remedy under Sec. 3

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