THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.463 of 2011 JUDGMENT: This revision is directed against the docket order dated 18.2.2011 passed in an application in C.C.No.781 of 2008 by the I Metropolitan Magistrate, Vijayawada. On the basis of the report given by the petitioner herein in a case in Crime No.518 of 2006 was registered by the Penamaluru P.S., Vijayawada City, against respondents 2 and 3 herein for the offence punishable under Section 324 r/w 34 IPC. After completion of the investigation, a charge sheet was filed and the same was numbered as C.C.No.781 of 2008. As the defacto-complainant is not in a position to appear before the Court below to give evidence, he filed an application under Section 284 Cr.P.C., by engaging a private Counsel, to dispense with his personal appearance and also to appoint an advocate-commissioner for his examination and submit a report. The Court below took an objection as to the maintainability of the said application for the reason that the Assistant Public Prosecutor is appearing in the matter. The same is questioned in this revision. Heard and perused the material available on record. The objection of the Court below is as follows: “How the petition is maintainable when the Assistant Public Prosecutor is appearing in the matter.” Having considered the submission of the learned Counsel for the petitioner, this Court is of the view that this revision is not maintainable for the reason that the petitioner should have offered an explanation to the said endorsement/objection of the Court below. Instead of offering explanation as to the maintainability of the application under section 284 Cr.P.C., the petitioner straightaway approached this Court. Therefore, this revision is liable to be dismissed. Accordingly, the Criminal Revision Case is dismissed at the stage of admission. _______________________________ JUSTICE GOPALA KRISHNA TAMADA 9th March 2011 Nn THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.517 of 2011 9.3.2011