M RADHA KRISHNAIAH Vs. STATE

JUDGEMENT

(1.) The respondent/complainant filed the Crl. M.P. No.6520 of 2002 to vacate the interim stay granted by this Court and with the consent of both the parties, the Criminal Petition itself is being disposed of.

(2.) The petitioner/accused filed this criminal petition under Section 482 of the Code of Criminal Procedure, 1973, for short the Code' questioning the order of the learned Principal Special Judge for SPE & ACB Cases, Hyderabad, dated 3.5.2002 in Crl. M.P. No.123/2002 in C.C. No.40/1998.

(3.) The petitioner/accused filed the said petition before the aforesaid Court under Section 293 of the Code read with Section 45 of the Indian Evidence Act, 1872 praying the Court to send Ex.P.1 i.e., typed application submitted by P.W.1 and others to the District Co-operative Officer seeking permission to start a Co-operative Bank, and also Ex.D.1 typed 161 Cr.P.C. statement of P.W.I recorded by P.W.6, Deputy Superintendent of Police, A.C.B to Handwriting Expert to compare both of them and to say whether they were typed on one and the same typewriter. The learned Judge after considering all the aspects in detail had ultimately arrived at a conclusion that there are no grounds to send the documents to an Expert and, accordingly, the said petition was dismissed. Aggrieved by the same, the petitioner/accused had invoked the jurisdiction of this Court under Section 482 of the Code.