R KAMARAJU Vs. R GOVINDARAJULU

JUDGEMENT

(1.) This revision is directed against the order passed by the Judicial Magistrate of First Class, Pithapuram, East Godavari District in Crl.M.P.No.301 of 1996 in C.C.No.202 of 1992 dated 3-2-1996 whereby the application filed by the petitioners accused for summoning Sri K.Perraju, Advocate as a Court witness has been rejected.

(2.) The facts giving rise to file this revision petition in a nut-shell are as follows: The first respondent filed a complaint under Section 302 I.P.C. against the petitioners- accused persons and it was registered as C.C.No.202 of 1992. One Sri K.Perraju, Advocate is conducting the said case on behalf of the respondent-complainant. During the course of cross-examination, P.W.1, according to the petitioner-accused persons, denied to have engaged Sri K.C.Perraju, Advocate. The petitioners-accused persons filed application in Crl.M.P.No.301 of 1996 alleging that in O.S.No.24 of 1992 the said K.Perraju, Advocate had asked the first petitioner- accused to disengage himself as advocate of the plaintiff in that case to which he did not agree and thereafter the said Advocate K.Perraju, beat the plaintiff in O.S.No.24 of 1992, namely, S. Venkat Raju who filed the complaint against him in C.C.No.40-92 wherein the second petitioner is a witness for the prosecution. Thereafter the said K.Perraju, Advocate got this complaint filed in C.C.No.202 of 1992. against the petitioners- accused persons and therefore he should be examined as a Court witness.

(3.) The trial Court dismissed the application on the ground that no case could be made out for summoning the said K.Perraju, Advocate as a Court witness.