M. Jeeva Rathnm v. Mallaarapu Roja

132541

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE G.ANUPAMA CHAKRAVARTHY CRIMINAL PETITION NO: 9447 OF 2023 Between:

1 . M. Jeeva Rathnm, S/o late Devadanam Aged. 42 years Occ. Service

2. Mallaarapu Jayamma, Wo. Late Devadanam Aged. 65 yrs, Occ Household

3. Mallaarapu Eliiebeth, D/o. Late Devadanam Aged. 50 years Occ -Spinster R1toR3Rto.12-1-ll24,NorthLallaguda,NearWaterTank,Shantinagar' Secunderabad

4. Jeedikanti Rechal, Wio. Jhon Babu H.No. 12-1-1124, North Lallaguda, Near Water Tank, Shantinagar, Secunderabad

5. Jeedikanti Jhon Babu, H.No. 12-1-1263, North Lallaguda, Near Water Tank, Shantinagar, Secunderabad

6. Mallaarafiu John, S/o. Late Devadanam Occ. Pvt service 10-96/1/3, PVN colony' secunderabad .. petitioner/Accused AND 'l . Mallaarapu Roja, Wo. M.Jeeva Rathnam Rlo'7'5'21811, CSP Colony' Godavarikhani, Ramgundam Mandal, Karimnagar District

2. State of TelanganJ., Represented by Public Prosecutor, High Court' Hyderabad.

...RespondenUcomPlainants 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 pass appropriate orders or direction to the court of the learned lll Meiropolitan Magistraie Hyderabad to dispose of the DVC No 63 of 2022 pending on the fiie of the said court as expeditiously as possible within a period of 1 month.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petiti6n and upon hearing the arguments of Sri M ANAND KUMAR, Advocate for the petitioner, Sri S. GANESH, Assistant Public Prosecutor, on behalf of the Respondent No.2 and None appeared for the Respondent No.1 The Court made the following: ORDER

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY INIAL P

ORDER

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners to direct the learned III Metropolitan Magistrate, Hyderabad, (hereinafter referred to as 'trial Court) to dispose of DVC No.63 of 2022 as expeditiously as possible within a period of one (1) month. 2.

Heard learned counsel for the petitioners and Sri S.Ganesh, learned Assistant Public Prosecutor for the respondent No.z-State and perused the record.

3. It is the contention of learned counsel for the petitioners that originally respondent No.1 filed D.V.C.No.3 of 2015 on the file of ludicial First Class Magistrate, Godavarikhani, against the petitioners; the petitioners filed Tr.Crl.P.No.28 of 202L seeking transfer of above D.V.C. to any other Court at Hyderabad and this Court by order dated 06.01.2022 transferred the said D.V.C. to the Court of III Metropolitan Magistrate, Hyderabad and the same is t \ re-numbered as D.V.C.No.63 of 2022 and the case was listed for hearing on 13.04.2022 and since then there is no progress at all.

He further contended that even after a lapse of eight (8) years, the petitioners have to go around the Courts which is causing much inconvenience to them. He further contended that in spite of specific enactment for speedy justice, the trial Court is not proceeding with the case and therefore, prayed to direct the trial Court to dispose of DVC No.63 of 2022 as early as possible. 4.

Since speedy trial is one of the remedies available to the parties as guaranteed under Article 21 of the Constitution of India; old DVC is of the year 2015, without going into the merits of the case, this Court deems it appropriate to direct the trial Court to dispose of the DVC at the earliest by taking up the case on day to day basis.

5.

Accordingly, the Criminal Petition is allowed, directing the trial Court to dispose of DVC No.63 of 2022, as expeditiously as possible, within a period of four (4) months from the date of receipt of a copy of this order, in accordance with law. Miscellaneous Petitions, pending if any, shall stand closed. R SD/-V. KAVI ASSISTANT REGIS //TRUE COPY// SECTION OFFICER To,

1. The Judicial Magistrate of First Class at Godavarikiani' i. r*. ccs to puBltc PRoSECUTOR, High court for the state of Telangana, Hyderabad [OUT] 3 o;; cc to -sRl.

i/l nNnNo KUMAR, Advocate toPUCl n Two CD CoPies SP t\'r'^

HIGH COURT DATED:2 610912023 T S t\ s ( q Za -b o U tliT J -{'

*

ORDER

,'1, t) CRLP.No.9447 of 2023 ALLOWING THE CRIMINAL PETITION il+\ \o\ qrl Y-