HON’BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL REVISION CASE No.716 of 2025

ORDER :

Challenging the order, dated 17.03.2025 passed in Crl.M.P.No.266 of 2025 in Crl.M.P.No.65 of 2023 in CC No.304 of 2017 on the file of II Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, at Karimnagar (for short ‘trial Court’), this Criminal Revision Case is filed.

2. Heard Mr.G.Madhusudhan Reddy, learned counsel for the petitioners as well as learned Additional Public Prosecutor for the respondent-State. Perused the record.

3. Learned counsel for the petitioners submits that the 2^nd respondent herein filed a petition under section 91 of Cr.P.C. in Crl.M.P.No.65 of 2023 before the trial Court and an order was passed by the trial Court allowing the same and also issued summons to the petitioners. But without sending the summons the trial Court passed the impugned order which is cryptic in nature without assigning any reasons or issuing any notice or giving any chance to the petitioners to file a counter. Hence prays to allow the revision.

4. On the other hand, the learned Additional Public Prosecutor opposed the same and prayed to dismiss this revision.

5. Section 91 of Cr.P.C. reads as follows:

(1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.

6. A perusal of the record reveals that trial Court has passed a cryptic order without assigning any reasons and giving any notice to the petitioners, which is not maintainable as per the provisions of Criminal Procedure Code.

7. In view of the said circumstances, the impugned order passed on 17.03.2025 in Crl.M.P.No.266 of 2025 in Crl.M.P.No.65 of 2023 in CC No.304 of 2017 on the file of II Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, at Karimnagar is set aside. The trial Court is directed to issue notice to the petitioners/accused Nos.1 to 4 by affording an opportunity to hear the petitioners and upon hearing both sides to pass a reasoned order, by following due procedure of law.

8. With the above directions, this Criminal Revision Case is allowed.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

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JUVVADI SRIDEVI, J Date: 07.10.2025 BV