THE REVISIONAL JURISDICTION CAN BE INVOKED WHERE THE DECISIONS UNDER CHALLENGE ARE GROSSLY ERRONEOUS: TELANGANA HIGH COURT
The High Court of Telangana passed a judgment on 3 February, 2023 stating that The revisional jurisdiction can be invoked where the decisions under challenge are grossly erroneous.It was stated in the case of Nadimpalli Sai, Mahabubnagar vs State Of Telangana, Rep Pp., (CRIMINAL REVISION CASE No. 116 of 2015) which was passed by the single judge bench comprising of HONOURABLE JUSTICE G. RADHA RANI
FACTS OF THE CASE:
This Criminal Revision Case is filed by the petitioner/accused aggrieved by the judgment dated 15.07.2014 passed in Criminal Appeal No.483 of 2013 on the file of the IV Additional Metropolitan Sessions Judge, Hyderabad confirming the order dated 14.05.2013 passed in C.C.No.20 of 2013 on the file of the Court of the Special Judicial First Class Magistrate for Excise Cases, Hyderabad. 2. The case in brief was that on 20.01.2013 at 9:30 PM, Detective Inspector of Police, S.R.Nagar Police received credible information about one Sai, accused No.1 was running a brothel house at H.No.A-68, Vengal Rao Nagar, Hyderabad. Believing the said information, he informed the same to his superior officer and obtained search warrant from the Assistant Commissioner of Police, Panjagutta Division, secured the presence of panch witnesses, T. Suresh and Mahaboob Pasha and drafted search proceedings. The Detective Inspector along with his staff, two police constables and a women constable proceeded to the said premises.
JUDGEMENT OF THE CASE
The courts below have assessed the evidence of the prosecution witnesses in detail and came to the conclusion about the guilt of the accused. Hence, this Court does not consider that the judgments of the courts below were perverse or the result of an abuse of any process or the same were erroneous. The sentence inflicted against the accused also appeared to be commensurate with the complicity of the charges framed against him. Hence, this Court does not find any necessity to interfere with the judgements of the courts below. 17. In the result, the Criminal Revision Case is dismissed confirming the judgments of the courts below in convicting and sentencing the accused for the offences under Sections 3(2)(a), 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 as stated above. The revision petitioner/appellant is directed to be taken into custody immediately by the Court below and to implement the sentence accordingly.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.