Sanjeev Kumar, Hyd v. Public Prosecutor, Hyd And Another
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD TUESDAY, THE TWENTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION NO: 't0179 OF 2015 Between:
Sanjeev Kumar, S/o Raj Bahadur, Occ Service, H- No. 8-2-420lA, Road No 4' Banjara Hills, Hyderabad.
...Petitioner/Accused No. 1
AND
1. The State Of Telangana rep .by Public Prosecutor, High Court, at Hyderabad' 2- Asheeth Rai Saxena, S/o. V.R Saxena, Business, Flat No 303, Venkat Krupa Aparhents, Street No. 16, Gaganmahal' Hyderabad ...ResPondenUComPlainant PetitionunderSection4S2ofCr.P'cPrayingthatintheCircumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to call for the records in relation to cc.No.472l2014 on the file of lllrd Additional Chief Metropolitan Magistrate, Hyderabad and quash the same' l.A. NO: 2 OF 2015 CRLP MP.
O: 10205 OF 2015) PetitionunderSection4S2ofCr.P.CPrayingthatintheCircumstances stated in the Memorandum of Grounds of criminal Petition,the High court may be pleased to Stay all further proceedings, including appearance of the petitioners / accused in cc.No.47212014 on the file of the Hon'ble lll Additional Chief Metropolitan Magistrate, Hyderabad.
This Petition coming on for hearing, Upon Perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri N KRISHNA SUMANTH, Advocate for the Petitioner and sri VIZARARATH ALl, the Public Prosecutor, on behalf of the Respondent..No. 1, and Sri- DOMODAR MUNDRA, for the Respondent No.2, none appeared The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL CRIMINAL PETITION No.1O179 oF 2015 ORDER:
This criminal petition is filed seeking to call for records in C.C.No.472 of 2Ol4 on the file of III Additional Chief Metropolitan Magistrate and quash the same.
2.
Mr.Krishna Sumanth, learned counsel for the petitioner would submit that upon thorough investigation the respondent police had laid a final report under sectio n lZ3 Cr.p.C. in cr'No.46o of 2ol3 on the file of Banjara Hills police Station vide SR.No.26O91 2014 in C.C.No.472 of 2OL4 by referring that matter as 'civil in nature', upon which the defacto complainant by filing a protest petition and vide its order dated 31.2.2O14 had taken cognizance of the offences under sections 42o and l2o-B of Ipc against the accused No.l to 3 and issued summons to the accused on payment of process by the complainant. Aggrieved by the same, the present criminal petition is filed. 3.
The learned counsel for the petitioner would submit that the defacto complainant has preferred a suit in O.S.No.4l2/2012 on the file of VII Junior Civil Judge, City Civil Court, Hyderabad against accused herein, seeking mandatory and declaratory
injunction with regard to the schedule property in the said suit, wherein the deceased Iqbal Raj l.t defendant had deposed and to that extent he has cancelled the gift deed executed to the defacto complainant and that being the case nothing survives in the criminal proceedings and continuation of proceedings would ultimately lead to abuse of process of law and further submit that said suit was dismissed on merits on 26.8.2014 against which an appeal vide No.336/2014 was filed and it was also subsequently dismissed and hence the dispute between the defacto complainant and the petition has reached hnality and continuation of proceedings would ultimately result in abuse of process of law 4.
Per contra the learned Assistant Public Prosecutor would submit that unless and until full-fledged trial has been conducted and evidence has been examined by the learned trial court based upon the depositions and material which are not been hled along with this criminal petition passing any orders at this premature stage is not warranted and hence seeks to dismiss this criminal petition 5.
Having regard to the submissions made by the learned counsel for the petitioner and learned Assistant Public Prosecutor
and upon perusing the material before this court since the petitioners are having the alternative remedy and without exhausting the same approached this court and this matter is pending from quite long time. Hence this court is inclined to grart liberty to the petitioners to work out remedies in accordance with law including filing of application under section 239 of Cr.P.C. for discharge. The presence of the petitioner is hereby dispensed with for each and every adjournment unless and until it is required by the learned trial court. 6.
Accordingly this criminal petition is disposed of. As the matter is pending from quite long time, the learned trial Court is directed to conduct and conclude the trial within six months of the order of this court.
Miscellaneous Petitions, pending if any, shall stand closed. i I !II i ';
SD/. T. VIJAY KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The lll Additional Chief Metropolitan Magistrate, Hyderabad.
2. The Station House Officer, P.S. Banjara Hills, Hyderabad_
3. Two CCs to the Public Prosecutor, High Court for the State Of Telangana, at Hyderabad. [OUT]
4. One CC to Sri. N KRISHNA SUMANTH, Advocare [OPUC] \
5. Two CD Copies "\ ;\lANV
HIGH COURT DATED:21 11212023 1 HE S i 4 i\ioi1 t ) o.) ?1 ilAB nu oEsparcHfJ'
*
ORDER
GRLP.No.10179 of 2015 DISPOSING OF THE CR!M!NAL PETITION 2k \4-