Gollapalli Venkatesh v. The State Of A.P.

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO.7513 OF 2018 ORDER:

This petition is filed, under Section 482 of Criminal Procedure Code (for short "Cr.P.C."), by the petitioners questioning the inaction of the learned Principal District and Sessions Judge, Guntur, in disposal of Tr.Crl.M.P.No.2660 of 2017, pending on its file, on the ground that there is an abnormal delay in disposal of the Tr.Crl.M.P. and both the cases i.e., C.C.No.570 of 2016, on the file of learned I Additional Junior Civil Judge, Sattenapalli, and S.C.No.83 of 2016, on the file of learned Assistant Sessions Judge, Sattenapalli, are likely to reach the stage of trial. 2.

Heard the learned counsel for the petitioners and learned Public Prosecutor for the State of Andhra Pradesh representing the 8th respondent-State. Perused the material on record. 3.

The petitioners admittedly filed the Tr.Crl.M.P.No.2660 of 2017 in the year 2017 and almost one year is elapsed after filing the Tr.Crl.M.P. and both the parties in the Tr.Crl.M.P. appeared, but the learned Principal District and Sessions Judge, Guntur, did not take up the matter for hearing.

4.

Keeping the Tr.Crl.M.P. pending may lead to serious consequences, if the trial is commenced in any one of the matters and the petitioners will be deprived of their right to set up a specific defence, which enables the Court to decide who is the aggressor in the case and counter case.

MSM,J Crl.P.No.7513 of 2018 5.

Acceding to the request of the learned counsel for petitioners, without touching the merits of the matter, I deem it appropriate to direct the learned Principal District and Sessions Judge, Guntur, to dispose of the Tr.Crl.M.P.No.2660 of 2017, as expeditiously as possible, in the event not later than one (01) month 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.

___________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 19th July, 2018 Note: Issue C.C. on 23.07.2018.

(B/o.) KL

MSM,J Crl.P.No.7513 of 2018 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO.7513 OF 2018 Date: 19th July, 2018 KL