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High Court for State of TelanganaCRLP/8156/2021ordered

Mohd. Ghouse v. The State Of Telangana

2021-11-11Shameem Akther4 pages

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO: 8156 OF 2021 Between:

It/ohd. Ghouse, S/o Late Shaik lmam, aged about 64 years, Occ. Advocate, R:/o Flat No.401, Muhammad Castle,'1 28, Madhurangar Colony, Hyderabad-500038.

...Petitioner

AND 1 . The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad.

2. Mohd. Osman, S/o Mohd. Noor, aged 60 years, Occ. Business, 8-3-167lBl4l'1, Sri Ram Nagar, Yousufguda, Hyderabad.

...Respondents/Defacto Complainant

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the petitioner in C.C.No.1301 of 2006 on the file of lll Additional Chief Metropolitan Magistrate at Hyderabad. l.A. NO: 2 OF 2021 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including appearance of the petitioner in C.C.No.1301 of 2006 on the file of lll Additionat Chief Metropolitan Magistrate at Hyderabad.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Mohd. Ghouse, Party ln Person, and the Public Prosecutor on behalf of the Respondent. No.1 and of the respondents No.2 not appeared either in Person or by Advocate The Court made the following: ORDER \

THE HON.BLE DT. JUSTICE SHAMEEM AKTHER CRIMI NAL PETITIO N No.8156 OF 2027 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner/accused, seeking to quash the proceedings against him in C.C.No.1301 of 2006 on the file of III Additional Chief Metropolitan \ Magistrate, Hyderabad, wherein cognizance was taken for the offences 747, 448, 427 and 323 of IPC.

2. Heard the submissions of petitioner- Mohd. Ghouse, appearing as party-in-person, the learned Assistant Public Prosecutor representing the respondent No.l-State and perused the reco rd.

3.

Having submitted for a considerable time, the petitioner made a request to this Court to direct the trial Court to dispose of the subject C.C. expeditiouslY.

4.

As seen from the material placed on record, the subject C.C' is of the year 2006. The subject C.C. ought to have disposed of by the trial Court by this time, but did not do so' The petitioner/accused is seeking early disposal of the subject C.C. It is apt to state that speedy trial is an essence of the criminal justice system and the petitioner/accused has every right to seek expeditious disposal oF the subject C.C. which is of the year 2006. 5.

Under learned III Additional Chief these circumstances, the is directed to dispose of [4a9istrate, Hyderabad, Metropolitan

C.C.No.1301 of 2006 pending on its file, as expeditiously as possible, preferably, within a period of three(3) months from the date of receipt of a copy of this order.

6.

With the above direction, the Criminal Petition is disposed of. Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

SD/.K.SAtLESH-l DEPUTY *w)** //TRUE COPY// SECTION OFFICER To,

1. The lll Additional Chief Metropolitan Magistrate at Hyderabad'

2. OneCC to Sri Mohd' Ghouse' Party ln Person IOPUC]

3. One CC to The Public Prosecutor' High Court forthe state of Telangana at Hyderabad [OPUC]

4. Two CD CoPies

5. One SPare CoPY KNK MMA

HIGH COURT DATED:1 111112021 t'.

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ORDER

CRLP.No.8156 ot 2021 CRIMINAL PETITION !S DISPOSED OF b