IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE B.CHANDRA KUMAR CRIMINAL REVISION CASE No : 1942 of 2009 Between: Kethavarapu Ranga Rao . .Petitioner And Alapathi Subba Rao and others. .. Respondents THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL REVISION CASE NO.1942 OF 2009 ORDER: This petition is filed by the petitioners/accused under Section 397 and 401 of the Criminal Procedure Code to set aside the impugned order dated 10.06.2009 in Crime No.29 of 2003 of Sabbavaram Police Station passed by the learned Additional Metropolitan Magistrate, Anakapalli and to direct the learned Magistrate to issue necessary directions to the Station House Officer Sabbavaram Police Station to complete the further investigation in the said crime. 2) Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State. 3) The learned counsel for petitioner submitted that when the police are making further investigation into the matter as per the orders of the Court and the presence of the complainant is not required. As seen from the record, it appears that the Sub Inspector of Police, Sabbavaram Police Station sought time for conducting further investigation on the ground that they have not obtained required records from the office of Sub Registrar, Sabbavaram and Gajuwaka. Since, further investigation is still pending, the impugned order appears to be irregular and therefore, the same is liable to be set aside. 4) In the result, the Criminal Revision Case is allowed at the stage of admission and the order dated 10.06.2009 passed by the learned Additional Metropolitan Magistrate, Anakapalli in Crime No.29 of 2003 of Sabbavaram Police Station covered by R.C. No.37 of 2008 is hereby set aside. The learned Magistrate is directed to pass appropriate orders after receiving the report from the police after completion of further investigation. _____________________ B. CHANDRA KUMAR, J Date: 18-11-2009. KSH