High Court for State of TelanganaWP/9548/2019disposed of no costs

A Rama Koteswara Rao v. The State Of Telangana

2019-06-03A.Rajasheker Reddy2 pages

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.9548 OF 2019 O R D E R :

This writ petition is filed challenging the issuance of notice vide Dis.No.733/XII ACMM/HYD/2019, dated 24.04.2019, by the XII Additional Chief Metropolitan Magistrate, Hyderabad, wherein and whereby the petitioner was asked to appear before the said Court on 26.03.2019, to proceed with the case in C.C.No.253 of 2006; and to quash the said notice.

Learned counsel for the petitioner filed a copy of the order in Criminal Petition No.6207 of 2007, wherein the criminal proceedings in C.C.No.253 of 2006 are quashed insofar as A2 is concerned. He also produced copy of the order in Criminal Petition No.2335 of 2008, filed by A3 in C.C.No.253/2006, wherein the petitioner/A3 had withdrawn the said petition stating that she will file application under Section 239 Cr.P.C. for discharging her from the charges. Learned counsel for the petitioner also produced a copy obtained from web site with regard to case details of C.C.No.253 of 2006, which is showing that the said CC is disposed of on 12.07.2012. He submits that in view of the said case status details there is no need to proceed with C.C.No.253 of 2006, unless the same is reopened or recalled, hence prayed to quash the impugned notice.

Learned Counsel for the petitioner has not produced copy of the order showing that the said C.C.No.253 of 2006, is disposed of.

Further, the impugned notice dated 24.04.2019 issued by the XII Additional Chief Metropolitan Magistrate, is only a notice asking the petitioner to appear before the said Court. The petitioner can bring all these facts to the notice of the said Court, which issued the impugned notice and it is for the said Court to consider the said contentions and take further action, in accordance with law.

With the above observation, the writ petition is disposed of. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

__________________________ A.RAJASHEKER REDDY, J 03.06.2018 t k.