KRISHNA TYRES Vs. J K INDUSTRIES LTD

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a learned Single Judge of the Andhra Pradesh High Court disposing of the application filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 (in short Code ). In the application the order dated 12.12.2006 in CC No. 341/1999 passed by a learned IIIrd Additional Chief Metropolitan Magistrate, Vijaywada, was questioned. The High Court noted that because of the order of stay passed by the High Court in an earlier proceeding in Crl. R.C. No. 2026/2006, the trial Court was justified in completing the trial. Learned Counsel for the appellant submitted that the High Court has failed to notice the relevant aspects. It is pointed out that three defence witnesses were permitted to be examined as defence witnesses by order of learned III Additional Chief Metropolitan Magistrate, Vijaywada, in C.C. 341/99 dated 20.11.2006. The same was challenged by respondent No. 1 by filing a revision petition. What the High Court did by order dated 8 th December, 2006 was to direct suspension of the said order. The trial Court was directed to dispose of the matter within one month from the date of the receipt of the order. This according to learned Counsel for the appellant virtually sealed the proceedings and even without considering the acceptability or otherwise of the petition filed by respondent No. 1, the trial was directed to be disposed of.

(3.) Learned Counsel for the respondent No. 1 on the other hand submitted that by virtue of the High Court s order proceedings have been completed.