HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4368 OF 2009 DATE: 27.08.2010 Between: Prestic Laboratories, rep. by its Managing Director and another …… Petitioners. And: Y. Kondala Rao and another …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4368 OF 2009 ORDER: 1. The petitioners 1 and 2 who are convicts in C.C.No.566 of 2004 and who filed appeal against their conviction before the IV Additional Sessions Judge, Visakhapatnam in Criminal Appeal No.158 of 2006 have filed this petition under Section 482 Cr.P.C with a frivolous prayer. The petitioners want that Criminal MP No.119 of 2009 filed by them in the pending Criminal Appeal under Section 91 Cr.P.C has to be taken up for hearing and decided before taking up hearing of main Criminal Appeal No.158 of 2006. Proceedings in the lower courts cannot be controlled by the High Court unless there is any miscarriage of justice. Otherwise, it will make every party to approach this court for direction to decide in a particular matter by the lower court or the lower appellate court. It is not permissible in law. 2. Subject-matter of the petition under Section 91 Cr.P.C is production of memorandum of understanding dated 31.03.2004. Copy of the same is stated to have been already marked in the criminal case. The first respondent contends that the marked document is not a copy, but it is the original itself. Therefore, it is for the lower appellate court to appreciate truth, genuineness, validity and legality of that document and decide the appeal. This court sitting in Section 482 Cr.P.C cannot give directions to decide the petition first and then the appeal or vis-versa. It is left to the pure discretion of the lower court where the lis pending. 3. Hence, the petition is dismissed. ___________________________________ SAMUDRALA GOVINDARAJULU, J August 27, 2010 Gk. HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4368 OF 2009 Date: 27.08.2010 Gk.