P.N.D. PRASAD Vs. BILLA SATISH

JUDGEMENT

(1.) Leave granted.

(2.) The appellant herein is aggrieved by what has been observed by the High Court for the State of Telangana in its order in paragraphs 14 and 15 dtd. 9/6/2022 passed in Criminal Petition No.5937 of 2016. As a consequence of the said observations, the docket order dtd. 21/7/2014 passed by the Court of XIX Metropolitan Magistrate, Cyberabad, Miyanpur, Kukatpally, in Crl.M.P. No.2383 of 2013 in Crime No.408 of 2013 filed by the appellant herein has been set aside.

(3.) We have heard learned counsel for the appellant and learned senior counsel for respondent nos.1 to 5 and learned counsel for respondent no.6-State and perused the material on record. Learned counsel for the appellant submitted that on the filing of a report by the concerned Sub-Inspector of Police, P.S. K.P.H.B. Cyberabad, the appellant herein filed a protest petition on 19/9/2013. By then, the Sworn Statement dtd. 1/8/2013 and 10/1/2013 had been recorded and the expert opinion had also been recorded. Taking note of the same, the learned Metropolitan Magistrate, Cyberabad by the impugned docket order accepted the protest petition filed by the complainant/appellant herein and consequently observed as under:-