THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5439 of 2010 O R D E R: This Criminal Petition is filed by the petitioners-accused seeking to set aside the order dated 21.4.2010 passed in Crl.M.P.No.2058 of 2010 in C.C.No.258 of 2007 by the III Additional Chief Metropolitan Magistrate, Vijayawada, Krishna District, wherein the learned Magistrate allowed the petition filed by the prosecution under Section 311 Cr.P.C. seeking permission to produce certain photographs and video cassettes in connection with occurrence of offence and to mark them as exhibits. The main grievance of the petitioners herein is that when the prosecution filed the impugned petition under Section 311 Cr.P.C., the same is posted for filing of the counter by the petitioners herein. Even though, the petitioners counsel requested time for filing counter, the learned Magistrate passed the impugned order without hearing the petitioners herein. This Court perused the entire records and also the order passed by the learned Magistrate. This Court is of the view that in the interests of justice, the petitioners can be given an opportunity to make their submission in connection with the petition filed by the prosecution under Section 311 Cr.P.C. Accordingly, the Criminal Petition is allowed setting aside the impugned order passed by the learned Magistrate and the petitioners herein are permitted to make their submissions before the learned Magistrate either by way of filing counter or by oral arguments challenging the petition filed by the prosecution under Section 311 Cr.P.C., upon which the learned Magistrate shall hear both the parties and pass a considered order in accordance with law. With the above directions, the Criminal Petition is disposed of. __________________ RAJA ELANGO, J 5th July, 2010. Note: Furnish CC by 08-07-2010 B/o PNV