V.Kalyan Kumar v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.12503 of 2016 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in D.V.C.No.12 of 2015 on the file of the XXIII Metropolitan Magistrate, Rajendranagar, Ranga Reddy District. Heard the learned counsel appearing for the petitioners/respondents 1 to 3 in DVC and the learned Additional Public Prosecutor, representing the State.

Specific allegations were made in the complaint against the petitioners. The truth or otherwise of the allegations can only be decided during course of enquiry. I see no ground to quash the complaint.

The learned counsel for the petitioners submitted that the 2nd respondent has filed many cases including DVC in order to harass the petitioners. The 2nd respondent is not attending the Court below to give evidence and the court below is simply adjourning the matter though the petitioners are attending for every adjournment. The 1st petitioner/1st respondent filed divorce petition in USA which was contested by the 2nd respondent and the divorce was granted on merits. It is further submitted that the counsel for the 2nd respondent before the court below is filing petitions now and then seeking adjournments on the pretext that the 2nd respondent is in USA. In the facts and circumstances of the case, the Court below is directed to proceed with the enquiry in the above DVC and dispose of the matter, as expeditiously as possible, positively, within a period of 3 (three) months from the date of receipt of a copy of this order, without seeking any further time for disposal of the case. The Criminal Petition is accordingly disposed of.

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

__________________ M.S.K.JAISWAL,J Date: 29.08.2016 Dsr