Alagala Franklin Sanjay Kumar, v. The State Of Telangana,
HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.17798 of 2017 ORDER:
The petitioner, who is appearing in-person, filed the present Writ Petition seeking issuance of writ of mandamus for the following reliefs:
a) directing the Magistrate, Nampally, Hyderabad, to decide on the show-cause notice served to respondents 2, 3 & 4 vide Crl.M.P.No.899 of 2016 in C.C.No.431 of 2015 in the court of XV Addl. Chief Metropolitan Magistrate, Nampally, Hyderabad, immediately; b) directing the Magistrate to dispose of the main case vide C.C.No.431 of 2015 in the court of XV Addl. Chief Metropolitan Magistrate, Nampally, Hyderabad at the earliest possible. c) passing such other order as this Court deems fit and proper in the interest of justice and in the circumstances of the case. 2) The averments made in the affidavit filed in support of the Writ Petition, are as under :- The first respondent is the wife and respondents 3 and 4 are parents-in-law of the petitioner. The marriage of the petitioner with the first respondent took place on 01.02.1996.
It is stated that when he had an opportunity to go to U.S.A., in the year 1998, he went abroad along with his family, lived there till 2003 and returned to India in the year 2003. They were blessed with two children. It is further stated that the petitioner invested all his earnings in buying several immovable properties in India in the name of his wife.
Subsequently, the relationship between the petitioner and his wife got deteriorated and as such he was necked out of his house by his wife and in-laws in the year 2011. It is stated that both the parties filed cases against each other. The petitioner states that he has gifted Rs.36,31,050/- to his wife and with that money they purchased the properties in the name of his wife. Further, it is alleged that in collusion with R-3 and R-4, R-2 they also filed dowry harassment case against the petitioner, his parents and his brother. When the petitioner filed a petition under Section 340 read with 195 Cr.P.C., against R-2 to R-4, the trial court sent show-cause notice through mail which was received on 05.04.2017, fixing the date of hearinag on 04.05.2017. But when a new Magistrate took charge of the said court, he posted the matter to 30.06.
2017. It is submitted by the petitioner, who is appearing in person, that inspite of his request the learned Magistrate is posting the matter on one pretext or the other. Hence, the present Writ Petition came to be filed seeking early disposal of the matter.
3) Normally, this Court would not have interfered with the reliefs sought for by the petitioner under Article 226 of the Constitution of India. But, in view of the orders passed by this Court in W.P.Nos.33366 of 2016 and 44263 of 2016 (filed by the petitioner) wherein this Court gave directions to the trial court to dispose of the cases therein, the present Writ Petition is entertained.
4) Since in similar circumstances, this Court directed the trial court, to dispose of the cases pursuant to the application made by the same petitioner and having regard to the facts and circumstances of the case, the learned XV Addl. Chief Metropolitan Magistrate, Nampally, Hyderabad is directed to dispose of Crl.M.P.No.899 of 2016 in C.C.No.431 of 2015 on the file of XV Addl. Chief Metropolitan Magistrate, Nampally as early as possible preferably within a period of two months from the date of receipt of copy of this order. It is needless to mention that as the C.C. is of the year 2015, the trial court shall also take all steps for its early disposal.
5) With the above direction, the Writ Petition is disposed of. No costs. As a sequel to it, miscellaneous petitions pending if any, in this Writ Petition, shall stand closed.
________________________ JUSTICE C. PRAVEEN KUMAR Dt:20.06.2017 GM