M.V.S.P.Ramadas Sarma v. The State Of A.P

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.11392 of 2016 ORDER:

This petition is filed questioning the inaction of the learned 1st Additional Junior Civil Judge (1st Additional Judicial Magistrate of First Class), Tenali, in not disposing of either way Crl.M.P(SR).Nos.4691/2015 in Crl.M.P.No.2284/1994 in O.P.No.32/1987.

It is submitted that since there was violation of the orders of the Court, a Contempt Case was moved and the learned Magistrate has disposed of the same on 23.03.2015 but however erroneously has closed all the Miscellaneous Petitions that were pending as on that day even though they are not the subject matter of the contempt case. Therefore, immediately, the petitioners on 16.07.2015 filed petitions to restore the Criminal Miscellaneous Petitions which were erroneously closed while disposing of the Contempt Case. It is submitted that the learned Magistrate has initially returned the petitions which were resubmitted on 02.11.2015. Since then those petitions are pending without there being any adjudication. In that view of the matter, a direction is sought for to dispose of Crl.M.P(SR).Nos.4691/2015 in Crl.M.P.No.2284/1994 in O.P.No.

32/1987 at the earliest. Having considered the material on record, the Criminal Petition is disposed of, directing the Court below to dispose of Crl.M.P(SR).Nos.4691/2015 in Crl.M.P.No.2284/1994 in O.P.No.32/1987 on merits, as expeditiously as possible, preferably, within a period of one month from the date of receipt of a copy of this order.

Pending miscellaneous applications, if any, shall stand closed in consequence.

__________________ M.S.K.JAISWAL,J Date: 04.08.2016 Dsr