High Court for State of TelanganaCRLP/2961/2017disposed of no costs

Sirangi Mohan Rao v. Smt. Munnuru Shoba

2017-04-11A.Shankar Narayana2 pages

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.2961 OF 2017 ORDER:

Heard Sri Challa Srinivasa Reddy, learned counsel for the petitioners, and the learned Assistant Public Prosecutor for the State of Telangana.

2. The request made herein is to direct the learned XXI Metropolitan Magistrate, Cyberabad at Medchal, Ranga Reddy District, to dispose of C.C. No.896 of 2015 pending against the petitioners viz., Sirangi Mohan Rao and Smt. Sirangi Vijayalakshmi, who are arraigned as accused Nos.2 and 3, respectively, by exercising the power of this Court under Section 482 of the Code of Criminal Procedure, 1973 (Code).

3. The learned counsel for the petitioners would submit that earlier, this Court in Criminal Petition No.12286 of 2016, by the order dated 24.08.2016, directed the learned Magistrate to dispose of the aforesaid C.C. within a period of six (6) months from the date of receipt of a copy of the order. The said Criminal Petition was filed by the de facto complainant, respondent No.2 herein. Subsequent development, according to the learned counsel for the petitioners, is that summons on accused Nos.1 and 4 were not effected and the learned Magistrate has now split up their case by assigning separate Calendar Case number. If such is the case, there cannot be any hurdle for the learned Magistrate to proceed with trial in the aforesaid C.C.

ASNJ Crl. P No.2961 of 2017

4. In fact, a direction was given to the learned Magistrate on 24.08.2016 in Criminal Petition No.12286 of 2016, to dispose of the C.C. within a period of six (6) months from the date of receipt of a copy of the order. The learned Magistrate, in case the timeline prescribed is expiring, would have asked for extension of time. Irrespective of the fact whether such a request is made or not, the learned Magistrate is now directed to dispose of the aforesaid C.C. pending against the petitioners herein within a period of four (4) months from the date of receipt of a copy of this order.

6. Accordingly, the Criminal Petition is disposed of, at the admission stage itself.

As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition stand closed.

____________________________ A. SHANKAR NARAYANA, J April 11, 2017.