HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:1830 OF 2010 ORDER: The petitioner, who was summoned as a witness in C.C.No.300 of 2005 on the file of the Judicial First Class Magistrate, Wanaparthy, filed this revision stating that the said summoning is bad in law. A private complaint is filed by one Ala Bhagya Laxmi against some persons arraying them as accused and stating that they committed offences punishable under Sections 170, 193, 420, 406 and 506 IPC. The matter was referred to the police pursuant to which a case in Crime No.123 of 2004 was registered and after completion of the investigation, a charge sheet was filed and the same was numbered as C.C.No.300 of 2005. During the course of trial, after examining some witnesses including the defacto-complainant, the police thought it fit to examine the petitioner, who was the then President of Wanaparthy Educational Society with registered No.1290/93. In that context, they filed an application in Crl.M.P.No.2421 of 2009 under Section 311 Cr.P.C. requesting the Court to summon the petitioner as prosecution witness and the said application was allowed. As stated supra, the same is questioned in this revision. It is the contention of the learned Counsel for the petitioner that may be it is true that the petitioner was the then President of Wanaparthy Educational Society, but his presence is not required in the said case. It is his further contention that the documents, on which the petitioner has to speak, have already been marked as exhibits and as such no purpose would be served by summoning the petitioner. On behalf of the defacto-complainant, who came on record as 2nd respondent, it is contended that the examination of the petitioner is very much required. However, this Court is unable to appreciate the said contention for the reason that it is a police case and the charge sheet was filed by the police. The petitioner was the then President of Wanarpathy Educational Society and it appears that he signed certain documents pertaining to the Society. As the dispute is with regard to the building of the said Educational Society, in my considered view, the petitioner’s examination is required. Therefore, I see no merits in this revision. Accordingly, the Civil Revision Case is dismissed. ______________________________ Justice Gopala Krishna Tamada Dated: 7.2.2011 Note: CC in three days B/O Nn HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:1830 OF 2010 7.2.2011