High Court for State of TelanganaCRLP/5674/2019disposed of no costs

Smt. Tubati Srivalli v. The State Of Telangana

2019-09-12G Sri Devi3 pages

HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.5674 of 2019 O R D E R :

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the order dt.20.08.2019 in Crl.M.P.No.1287 of 2019 in C.C.No.3150 of 2019 passed by the learned VIII Additional Metropolitan Magistrate, Cyberabad at Kukatpally, permitting respondent Nos.2 and 3/A.2 and A.3 to be represented through their Special Vakalath holder Sri Yogesh Agarwal, Advocate.

Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for respondent No.1 - State. Perused the material on record.

Though the petitioner sought for quashing of the entire order dt.20.08.2019 passed by the trial Court, during the course of hearing, the only relief sought by the learned counsel for the petitioner is that the trial Court may be directed to impose certain conditions in the impugned order dt.20.08.2019 while permitting A.2 and A.3 to be represented through a Special Vakalath holder, as the said order is in violation of the order dt.16.07.2019 in SLP (Criminal) No.10686 of 2018 passed by the Hon'ble Supreme Court directing the trial Court to complete the trial expeditiously, in any case, not later than two months from the date of appearance of parties and also directed the parties to appear

GSD, J Crl.P.No.5674 of 2019 before the trial Court on 22.07.2019 and shall not file any cases against each other. The learned counsel also contended that as A.2 and A.3 are holding custody of the son of the petitioner, by virtue of the impugned order, there is a serious apprehension that the petitioner's son will not be brought to India and the petitioner would be deprived of seeing her son. Having regard to the facts and circumstances of the case and in the light of the order dt.16.07.2019 in SLP (Criminal) No.10686 of 2018 passed by the Hon'ble Supreme Court, the trial Court is directed to modify the order dt.20.08.2019 in Crl.M.P.No.1287 of 2019 in C.C.No.3150 of 2019 by imposing certain conditions.

With the above said direction, this Criminal Petition is disposed of.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

________________________ JUSTICE G. SRI DEVI 12.09.2019.

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GSD, J Crl.P.No.5674 of 2019 HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.5674 of 2019 12.09.2019 Msr