THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE Nos.1580 & 1581 of 2011 COMMON ORDER: Since these two Criminal Revision Cases arose out of the same crime, they are being disposed of by this common order. Criminal Revision Case No.1580 of 2011 is filed challenging order dated 23.07.2011 passed in Crl.M.P.No.401 of 2011 in C.C.No.691 of 2008 on the file of the Additional Judicial First Class Magistrate, Jangaon, whereby the petition filed by the prosecution under Section 242 (3) Cr.P.C., for receiving the documents i.e., order dated 18.09.2009 passed by this Court in W.P.M.P.No.26154 of 2009 in W.P.No.20051 of 2009 and also the office copy of the counter affidavit filed in the said writ petition in evidence, was allowed. Criminal Revision Case No.1581 of 2011 is filed challenging order dated 23.07.2011 passed in Crl.M.P.No.410 of 2011 in C.C.No.691 of 2008 on the file of the Additional Judicial First Class Magistrate, Jangaon, whereby the petition filed by the prosecution under Section 311 Cr.P.C., seeking to re-open the case and recall PW.1 by issuing summons, was allowed. Learned counsel for the petitioner/accused submitted that the present Crl.M.P.Nos.401 and 410 of 2011 in C.C.No.691 of 2008 were filed by the prosecution only to fill up the lacuna. Per contra, learned Additional Prosecutor appearing for the respondent-State submitted that the petitioner/accused already marked some documents and later on subsequent developments had taken place in connection with those documents and the same were incorporated in the counter affidavit filed by the other side in W.P.No.20051 of 2009 filed before this Court and, therefore, present applications were filed before the concerned court and they will not cause prejudice to the petitioner. At this stage, learned counsel for the petitioner submitted that the petitioner shall be permitted to introduce some relevant documents to rebut the presumption based on the documents allowed to be marked by the prosecution. Considering the facts and circumstances of the case and the aforesaid submissions made on either side, the petitioner is granted liberty to introduce the relevant documents to rebut the presumption based on the documents allowed to be marked by the prosecution. With the above observation, these Criminal Revision Cases are disposed of. ____________________ JUSTICE RAJA ELANGO 02.08.2011 v v