Kotti Manikyamba Mani v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.16287 OF 2016 ORDER:

This Criminal Petition, under Section 482 of Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), is filed to direct the Principal Junior Civil Judge-cum-Additional Judicial I Class Magistrate, Bhimavaram, West Godavari District, to dispose of Crl.MP No.1059 of 2016 in CC No.3 of 2013 pending before her. During hearing, the only ground urged by the counsel for the petitioners is that the learned Magistrate is adjourning the petition without any just reason and drawn the attention of this Court to Docket Orders dated 04.06.2016, 01.07.2016, 31.08.2016 and 30.09.2016 respectively. During this period, the matter underwent four adjournments. Thus, the complaint against the Presiding Officer is that learned Magistrate is not evincing any interest in disposing the petition, where a speedy justice is guaranteed to the parties by the Constitution. When the Court denied such right amounts to denial of right of speedy trial guaranteed under Article 21 of the Constitution.

Keeping in view of the right of speedy trial guaranteed under Article 21 of the Constitution, I deem it appropriate to direct the learned Magistrate to decide Crl.M.P. No.1059 of 2016 in CC No.3 of 2013, in accordance with law, within 15 days from the date of receipt of the order.

With the above direction, the criminal petition is disposed of.

CRLP_16287_2016 MSM, J - 2 - Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

___________________________________ M. SATYANARAYANA MURTHY, J Date: 25.11.2016 Note: Issue CC by 28.11.2016.

b/o.BV