HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL REVISION CASE NO 103 OF 2010 DATE:15.06.2010 Between: K. Manohar Rao and 3 others …….Petitioner/Accused And: State of A.P., rep. its PP, High Court of AP. ……Respondent HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL REVISION CASE NO 103 OF 2010 ORDER: Grievance of the petitioners/Accused against order dated 05.11.2009 passed by the IV Additional Sessions Judge (Fast Track Court), Ranga Reddy District in Criminal M.P.No.106 of 2009 in S.C.No.87 of 2007 is that no reasons are given by the lower court as to why the summoned document and the additional witness are going to improve the prosecution case and that when previous investigation is not questioned as defective, there is no need to summon a document or an additional witness and that powers under Sections 91 and 311 Cr.P.C should be sparingly exercised. Pending case in the lower court is one relating to offences punishable under Sections 498-A and 306 IPC. The prosecution filed the petition in the lower court under Sections 91 and 311 Cr.P.C for summoning case sheet from Gandhi Hospital relating to the deceased and also for summoning the medical officer who treated the deceased in that hospital for the purpose of showing struggle made by the deceased in the hospital for her life. It is stated that there are two divergent dying declarations made by the deceased in this case. Perhaps to explain that dying declaration which is not favourable to the prosecution and to prove the circumstances in which the deceased was placed during the period of giving the said dying declaration, the prosecution wanted to bring medical record and also evidence of the doctor on file in order to judge the circumstances by the court which were attending on the victim. The summoned case sheet and the summoned medical officer are pertaining to the victim in this case. So the said document and the said witness are highly relevant for the purpose of proper disposal of the pending case in the lower court and in the interest of justice, the lower court exercised its powers under the relevant sections by way of allowing the petition summoning the case sheet and summoning the medical officer. I do not see any error in the order passed by the lower court. Hence, the petition is dismissed. ____________________________________ SAMUDRALA GOVINDA RAJULU,J. Date:15.06.2010. GK. THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL REVISION CASE NO 103 OF 2010 DATE:15.06.2010 Gk.