LAWS(SC)-2021-7-14

MD. GHOUSEUDDIN Vs. SYED RIAZUL HUSSAIN

Decided On July 12, 2021
Md. Ghouseuddin Appellant
V/S
Syed Riazul Hussain Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal takes exception to the judgment and order dated 05.02.2019 passed by the High Court for the State of Telangana at Hyderabad in Criminal Revision Case No. 3297 of 2018 allowing the revisional application and reversing the decision of the Trial Court in rejecting the application for summoning of the document(s) moved by the private respondent.

(3.) Two contentions have been raised before us. The first is that the High Court has exceeded its revisional jurisdiction as the order passed by the Trial Court was an interlocutory order. On merits, it is submitted that the High Court ought not to have reversed the well-reasoned decision of the Trial Court. It ought to have taken into account all relevant aspects, including the fact that the trial had already completed long back and, thereafter, accused was examined under Section 313 Criminal Procedure Code. The application for summoning the document(s) was moved only thereafter and that too without laying proper foundation for grant of such relief as claimed by the private respondent.