G.Banoji Rao v. The State Of A.P.,

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.3797 OF 2014 ORDER:

This criminal petition, under Section 482 of Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), is filed to quash the order dated 14.02.2014 in Crl.R.P. No.196 of 2012 passed by the Judge, Family Court, Kurnool, whereby the learned Judge dismissed the revision petition confirming the order dated 04.12.2012 in D.V.C. No.7 of 2012 passed by the Judicial Magistrate of First Class, (for Prohibition & Excise), Kurnool. The respondent filed D.V.C. No.7 of 2012 before the Judicial Magistrate of First Class for Prohibition and Excise, Kurnool, wherein the petitioner filed Crl.M.P.No.5221 of 2012 under Section 311 of Cr.P.C. to summon Project Officer, ICDS & Women Welfare Department, Kurnool and to give notice. This petition was dismissed by the learned Magistrate and carried the matter in Revision Petition under Section 397 of Cr.P.C.

and the same was ended in dismissal. Now the order dated 14.02.2014 in Crl.R.P. No.196 of 2012 passed by the learned Sessions Judge is challenged During hearing, Sri. A.L. Raju, learned counsel for the respondents reported no objection to allow the petition, in view of urgency in disposal of the matter and requested to direct the learned Magistrate to dispose of the DVC as expeditiously as possible.

CRLP_3797_2014 MSM, J - 2 - Recording the no objection reported by the counsel for the respondents, the petition is ordered, setting aside order passed by the learned Sessions Judge in Crl.R.P. No.196 of 2012. Acceding to the request and recording no objection reported, by the counsel for the respondents, the criminal petition is allowed, setting aside the order dated 14.02.2014 in Crl.R.P. No.196 of 2012 passed by the Judge, Family Court, Kurnool and the Judicial Magistrate of First Class, for Prohibition and Excise, Kurnool, is directed to decide D.V.C. No.7 of 2012 as expeditiously as possible in any event not less than 3 months from the date of receipt of this order. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

___________________________________ M. SATYANARAYANA MURTHY, J Date: 15.12.2016 BV