S. Rajaiah, v. State, Rep. By Pp.,

THE HON'BLE SRI JUSTICE N.BALAYOGI CRIMINAL PETITION No.3857 of 2004 ORDER:

This matter pertains to 2004 and underwent several adjournments either on the ground of non-representation or at the request of counsel for the petitioner. Further as seen from the proceedings sheet, on 31.8.2006, the matter was directed to be listed on 01.09.2016 in the motion list. On the said date, though the matter was listed in motion list, there was no representation and hence, it was directed to be listed under the caption 'for dismissal' on 06.09.2016 and subsequently, the matter underwent some more adjournments. On 04.12.2017, again as there was no representation on behalf of the petitioner, the matter was directed to be listed under the caption 'for dismissal' on 05.12.2017 and on the said date, after hearing the counsel for the petitioner, it was directed to be listed under the caption 'for orders' on 07.12.

2017 and thereafter, it was adjourned to 15.12.2017 and again adjourned to 18.01.2018. On 18.01.2018, at request, it was again adjourned to 02.02.2018, on which date, as there was no representation on behalf of the petitioner, since the matter pertains to 2004, it was directed to be listed under the caption 'for dismissal' to today. Even today, in spite of listing the matter under the caption 'for dismissal', there is no representation on behalf of the petitioner. The above facts and circumstances clearly go to show that the petitioner is neither interested nor diligent in prosecuting the matter.

2.

Hence, the Criminal Petition is dismissed for non-prosecution.

Consequently, Miscellaneous Petitions pending, if any, shall stand closed.

_____________________ JUSTICE N.BALAYOGI 09th February 2018 Tsr