HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.13344 of 2011 ORDER: Originally, the petitioner-complainant approached this Court and filed a Criminal Revision Case No.2454 of 2011, under Sections 397 and 401 of Cr.P.C., with a prayer to set aside the order dated 08.12.2011 made in Crl.M.P.No.392 of 2011 in S.C.No.1 of 2011 on the file of the IV Addl. Metropolitan Sessions Judge at Hyderabad, whereby the learned Sessions Judge dismissed the said petition, filed by it seeking police custody of the respondent herein for purpose of proceeding against him. Learned counsel for the petitioner has submitted that the learned Sessions Judge granted police custody of the respondent to the petitioner in an earlier occasion and the same was challenged before this Court and this Court set aside the said order on 30.11.2011 and the respondent was surrendered before the Addl. Chief Judicial Magistrate, Jaipur City and subsequently he was remanded to judicial custody. This Court perused the entire record as well as the order impugned herein. The learned Sessions Judge dismissed the Crl.M.P.No.392 of 2011 on the ground that when the respondent was surrendered as per the orders of this Court, it is recorded that interrogation is already over and hence there is no need for police custody of the respondent. At this juncture, learned counsel for the petitioner submitted that there is no such statement made by the petitioner and in fact the petitioner filed a memo before the Court concerned stating that because of the orders passed by this Court, the respondent was surrendered before the Court concerned. On the other hand, learned counsel for the respondent has vehemently contended that the petition is not maintainable, in view of the fact that on an interlocutory order, a revision is not maintainable. This Court is also fully aware of the said fact, but at the same time, this Court is vested with the power of hearing both revisions as well as criminal petitions before this Court. Hence, this Court is of the view that the revision can be converted into a criminal petition and, accordingly, the same is converted into a Criminal Petition. Further, it is argued by the learned counsel for the respondent that there is threat to the life of the respondent as he is not willing to confess anything before the police officials concerned. Considering the rival submissions and taking into consideration the seriousness of the offence, police custody of the respondent is granted to the petitioner from 10.00 a.m. on 19.12.2011 to 10.00 a.m. on 21.12.2011 in connection with R.C.No.2 of 2011 of P.S. National Investigating Agency, Hyderabad. During the course of interrogation, the respondent should be permitted to have assistance of an Advocate for every three hours and the petitioner is directed not to harass or induce or use any third degree methods against the respondent in the name of getting confession from him and also directed to surrender the respondent before the Court concerned on completion of custodial interrogation. Accordingly, the Criminal Petition is disposed of. _________________ RAJA ELANGO, J 16th December, 2011 Note: Furnish C.C. today. (b/o) cbs HON’BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.13344 of 2011 (Disposed of) 16th December, 2011 Note: Furnish C.C. today. (b/o) cbs