B. Venkata Narasimha Subba Rao v. B.V. Padma

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER Cr im in al Pet it ion No.2 3 2 of 2 0 1 8 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioners/ appellants seeking a direction to the learned XV Additional Sessions Judge, Kukatpally at Miyapur, to dispose of Criminal Appeal No.756 of 2016 along with Criminal Appeal No.18 of 2016. 2 .

Heard the learned counsel for the petitioners/ appellants learned Assistant Public Prosecutor representing the 2nd respondent-State and perused the record.

3 .

In the course of hearing, it has come to the light that Criminal Appeal No.756 of 2016 (challenging the order passed in D.V.C.No.31 of 2013) and Criminal Appeal No.18 of 2016 (challenging the order passed in C.C.No.4089 of 2013) are filed by the petitioners herein before the learned XV Additional Sessions Judge, Kukatpally at Miyapur. In both the appeals, the aggrieved person is the wife of the appellant No.1. The subject matter of both the said appeals has relevance. The request made on behalf of the petitioners/ appellants is that Criminal Appeal No.18 of 2016 may be directed to be disposed of simultaneously with Criminal Appeal No.756 of 2016. 4 .

While dealing with Criminal Revision Case No.1709 of 2017, on 14.12.2017, this Court directed the lower appellate Court to dispose of Criminal Appeal No.756 of 2016 within three

months from the date of receipt of copy of the order, on merits, uninfluenced by the interim order, dated 27.06.2017, passed by this Court in Crl.R.C.M.P.No.2742 of 2017. Under these circumstances, the request of the petitioners herein can be acceded to, as there is relevance/ connection (relating to contentions raised by both the sides) in Criminal Appeal No.756 of 2016 and Criminal Appeal No.18 of 2016.

5 .

Accordingly, the learned XV Additional Sessions Judge, Kukatpally at Miyapur, is directed to dispose of Criminal Appeal No.756 of and Criminal Appeal No.18 of simultaneously, within the time stipulated in the order, dated 14.12.2017, passed by this Court in Criminal Revision Case No.1709 of 2017.

6 .

The Criminal Petition is, accordingly, allowed. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dr . SHAMEEM AKTHER, J 18th January, 2018 Bvv