Shaik Babu v. Shaik Dilshad

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO.319 OF 2018 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed seeking a direction to the Judicial Magistrate of First Class, Atmakur, SPSR Nellore District to dispose of Crl.M.P. No.2951 of 2016 in M.C. No.5 of 2016 expeditiously.

2.

Heard the learned counsel for the petitioner and perused the record.

3.

The only contention put forward by the learned counsel for the petitioner is that the petitioner filed Crl.M.P. No.2951 of 2016 in M.C. No.5 of 2016 on the file of the Judicial Magistrate of First Class, Atmakur, SPSR Nellore District on 23.11.2016 to set aside the ex parte order dated 12.07.2016 passed in the maintenance case in favour of respondents 1 and 2 herein, but the said petition has not been disposed of till date. All the criminal proceedings, particularly the proceedings with regard to maintenance, are required to be decided expeditiously. By this time, the court below ought to have disposed of the miscellaneous petition filed by the petitioner. Hence, the learned Magistrate is directed to dispose of Crl.M.P. No.2951 of 2016 in M.C. No.5 of 2016 within 30 days from the date of receipt of the copy of this order.

4.

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

____________________________ DR. SHAMEEM AKTHER, J DATED: 22-01-2018 DRK

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO. 319 OF 2018 DRK 22.1.2018