HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1138 of 2011 ORDER: This Criminal Revision Case is filed by the petitioner, under Sections 397 and 401 of Cr.P.C., seeking to set aside the order dated 08.04.2011 passed by the Sessions Judge, Anantapur, in Crl.R.P.No.78 of 2010. Facts of the case, in brief, are that the petitioner herein, who is facing trial in S.T.C.No.24 of 2005 on the file of the Addl. Judicial Magistrate of First Class, Anantapur, filed Crl.M.P.No.1749 of 2010, under Section 284 of Cr.P.C., seeking appointment of an Advocate Commissioner for examination of witnesses and, the learned Magistrate allowed the said petition, by an order dated 02.08.2010. Challenging the same, the 2nd respondent herein filed Crl.R.P.No.78 of 2010 before the Sessions Judge, Anantapur. The learned Sessions Judge, having heard both sides, allowed the revision, by an order dated 08.04.2011, by setting aside the order passed by the lower Court. Being aggrieved by the same, the petitioner preferred this revision. Heard and perused the record. The order passed by the lower Court runs as follows: “Counter filed. Heard both sides. Sri B.V.S. Reddy is appointed as Advocate Commissioner to record evidence. His fee is fixed at Rs.2,000/-. For report 20.08.2010.” Now, it is appropriate to refer to Section 284 of Cr.P.C., which runs as follows: “When attendance of witness may be dispensed with and commission issued:- (1) Whenever, in the course of any inquiry, trial or other proceeding under this Code, it appears to a Court of Magistrate that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, the Court of Magistrate may dispense with such attendance and may issue a commission for the examination of the witness in accordance with the provisions of this chapter; Provided that where the examination of the President or the Vice-President of India or the Governor of State or the Administrator of a Union Territory as a witness is necessary for the ends of justice, a commission shall be issued for the examination of such a witness. (2) The Court may, when issuing a commission for the examination of a witness for the prosecution, direct that such amount as the Court considers reasonable to meet the expenses of the accused, including the pleader’s fees, be paid by the prosecution.” The learned Sessions Judge, Anantapur, having considered the merits of the case, held that no reasons were assigned by the lower Court in appointing the Advocate Commissioner to record evidence and the order of the lower Court is not passed by complying with the provisions of Sections 284 and 285 of Cr.P.C. and, accordingly, passed a detailed order by setting aside the order of the lower Court. Further, the entire record does not indicate the reasons for appointing an Advocate Commissioner. Hence, this Court is of the view that the order passed by the learned Sessions Judge cannot be interfered with. Accordingly, the Criminal Revision Case is dismissed and miscellaneous petitions, if any, filed shall stand closed. _____________ RAJA ELANGO, J 14th September, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO Criminal Revision Case No.1138 of 2011 (Dismissed) 14th September, 2011 cbs