THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL REVISION CASE NOS.1301 AND 1306 OF 2004 DATED: 23-07-2010 CRL.R.C.1301 OF 2004 Between 1.M.Raghuma Reddy and three others …Petitioners-A2 to A5 And 1.G.Seshamma and another …Respondents-Complainants CRL.R.C.1306 OF 2004 Between K.Venkata Surender Reddy …Petitioner-A1 And 1.G.Seshamma and another …Respondents-Complainants THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL REVISION CASE NOS.1301 AND 1306 OF 2004 COMMON ORDER: Crl.R.C. 1301 of 2004 is directed against the order, dated 20-07- 2004, in Crl.M.P.No.559 of 1999 in Crl.M.P.No.1052 of 2004 in C.C. 10 of 1996 and Crl.R.C.1306 of 2004 is directed against the order, dated 20-07-2004 in Crl.M.P.No. 558 of 1999 in Crl.M.P.No.1051 of 2004 in C.C.No.10 of 1996 on the file of the Additional Judicial Magistrate of I Class, Gudivada, whereunder and whereby the petitions filed by the petitioners-accused under Section 245 Cr.P.C. to discharge them from the offences, were dismissed. 2. Heard both the counsel. 3. Admittedly, the accused were present during the trial of the case. P.Ws. 1 to 3 were examined in chief and cross-examination of all the witnesses was deferred. At that stage, the petitions were filed under Section 245 Cr.P.C. to discharge them as no offence is made out. Those petitions were dismissed by the trial Court. 4 . Revisional jurisdiction of this Court under Sections 397 and 401 Cr.P.C. is truncated one. Unless the findings are improper, illegal or incorrect, ordinarily this Court would not interfere with the same. 5. The factual matrix is not in dispute. Section 245 (1) Cr.P.C. reads thus: “245. When accused shall be discharged:- (1) If, upon taking all the evidence required to in Section 244, the Magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.” The above provision makes it clear that unless the evidence is taken, question of discharge does not arise. Admittedly, the witnesses were not cross-examined by the accused. Therefore, the petitions filed by the petitioners are pre-mature. The trial Court rightly dismissed the petitions and absolutely there are no grounds to interfere with the same. 6. Accordingly, the Criminal Revision Cases are dismissed leaving open the remedies available to the petitioners under law. ------------------------------- JUSTICE K.C.BHANU DATED:23-07-2010 Hsd