ORDER:

This Criminal Revision Case is filed by the petitioner/accused aggrieved by the order dated 14.10.2019 in Criminal Revision Petition No.07 of 2019 by the Additional Metropolitan Sessions Judge, Cyberabad in C.C.No.1294 of 2017.

2. The case of the petitioner/accused in brief was that the petitioner was a counsel for the wife of the respondent No.2 in several cases which were filed against respondent No.2 by his wife, due to which the respondent No.2 bore grudge against the petitioner and started filing cases against the petitioner, who was a counsel defending on behalf of the wife of respondent No.2. One such incident was that on 20.05.2011, while the petitioner along with his client, who was none other than the wife of the respondent No.2 attended D.V.C.No.13 of 2010 filed by the wife of respondent No.2, the respondent No.2 came to the petitioner and threatened the petitioner in the corridors of III Metropolitan Magistrate, Cyberabad at L.B.Nagar. On the said incident, the petitioner as well as the respondent No.2 approached L.B.Nagar police and lodged complaints. The L.B. Nagar Police registered a case on the complaint of the respondent No.2 and filed a petty case charge sheet vide STC No.4 of 2012 against the petitioner herein and the same was contested and ended up in acquittal. The respondent No.2 filed Criminal Appeal No.241 of 2015 and the appeal was partially allowed by the first appellate court and remanded the matter to the trial court to conduct a fresh trial. The trial court on conducting fresh trial convicted the petitioner for the offence under Section 323 of IPC and sentenced him to pay a fine of Rs.100/- and in default of payment of fine to undergo one day simple imprisonment. The petitioner paid the fine amount as directed by the Court.

3. The petitioner further submitted that aggrieved by the inaction of the police on the complaint lodged by him on 20.05.2011, the petitioner filed a private complaint before the concerned Court and the same was referred to P.S., L.B. Nagar which was registered as Crime No.733 of 2011. The police after investigation filed a final report stating that the complaint was false. On coming to know about the same, the petitioner filed a protest petition dated 07.07.2015 and the same was pending before the trial court.

4. During the pendency of the said protest petition in Crime No.733 of 2011 before the II Metropolitan Magistrate, Cyberabad at L.B. Nagar, the SHO, L.B. Nagar had suo-moto registered a fresh case vide Crime No.1170 of 2015 dated 08.09.2015 for the offences punishable under Sections 182, 193 and 211 of IPC against the petitioner herein without taking into consideration that the protest petition was pending in Crime No.733 of 2011. The police filed charge sheet in Crime No.1170 of 2015 and the same was numbered by the Court as C.C.No.1294 of 2017 in a routine manner without verifying the facts and circumstances of the case. As such, the petitioner filed a discharge petition under Section 239 of Cr.P.C. The same was allowed by the trial court discharging the petitioner herein. The respondent No.2 filed Criminal Revision Petition No.07 of 2019 before Additional Metropolitan Sessions Judge, Cyberabad at L.B.Nagar, R.R. District. The said petition was allowed by the Additional Metropolitan Sessions Judge, Cyberabad on 14.10.2019 setting aside the order of the trial court passed in discharge petition vide Crl.M.P.No.1803 of 2019 in C.C.No.1294 of 2017.

5. Aggrieved by the said order passed by the Additional Metropolitan Sessions Judge, Cyberabad in Crl.R.P.No.7 of 2019 dated 14.10.2019, the petitioner preferred this revision contending that the learned judge failed to appreciate that the petitioner was a counsel for the wife of the respondent No.2 who contested several cases. As such , the respondent No.2 bore grudge against the petitioner and filed a false complaint which was charge sheeted, contested and ended up in acquittal. On the appeal filed by the respondent No.2, t