THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1991 of 2010 Dated:28th October, 2010 Between: Surada Srinivasa Rao alias Srinu .....Revision Petitioner AND The State of A.P., rep. by its Public Prosecutor, High Court of A.P., Hyderabad. .....Respondent *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1991 of 2010 ORDER: This Criminal Revision Case is directed against the order dated 03.09.2010 passed in Crl.M.P.No.44 of 2010 in Sessions Case No.30 of 2010 on the file of the Assistant Sessions Judge, Yellamanchili, whereby and whereunder the learned Assistant Sessions Judge dismissed the application filed by the petitioner/accused under Section 233(3) Cr.P.C. to issue summons to A.Satyanarayana, Head Constable, Rambilli Police Station and Dr.P.Sonia, CAS, Community Health Centre, Govt. Hospital, Yellamanchili. 2. Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor appearing for the respondent/State. 3. Learned counsel appearing for the petitioner submits that in the incident occurred on 26.01.2009, the petitioner received grievous injuries and took treatment in the hospital and therefore, the Constable, who registered a case in Crime No.11 of 2009 of Rambilli Police Station on his complaint, and also the Doctor, who treated him in the hospital, are necessary witnesses to be examined on his behalf as defence witnesses in Sessions Case No.30 of 2010. A further submission has been made that the trial Court without appreciating the plea advanced by the petitioner dismissed the application and therefore, the order impugned in the revision is liable to be set aside and consequently, the application filed by the petitioner under Section 233(3) Cr.P.C. is to be allowed. 4. Learned Additional Public Prosecutor appearing for the respondent/State supported the order impugned in the revision. 5. There are two incidents – one occurred on 17.01.2009 and another occurred on 26.01.2009. The petitioner is facing trial in respect of the incident occurred on 17.01.2009. Therefore, the complaint filed by the petitioner in respect of the incident occurred on 26.01.2009 is in no way material for proper adjudication of the Sessions Case No.30 of 2010 on the file of the Assistant Sessions Judge, Yellamanchili, which arises out of the incident occurred on 17.01.2009. The trial Court considered the material brought on record in right perspective and proceeded to dismiss the application filed by the petitioner under Section 233(3) Cr.P.C. I do not see any illegality or irregularity warranting interference of this Court in exercise of powers under Sections 397 and 401 Cr.P.C. 6. Accordingly, the Criminal Revision Case is dismissed at the admission stage. ______________________ B.SESHASAYANA REDDY, J. Date:28th October, 2010. cs THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1991 of 2010 Dated:28th October, 2010