Mohd. Irfan v. The State Of Telangana,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * Crl.P. No.6326 of 2015 Between:

Mohd. Irfan & another .. Petitioners/ accused Nos.1 & 2 And The State of Telangana, through SHO, Bowenpally Police Station, Hyderabad District Rep. by Public Prosecutor, High Court, Hyderabad .. Respondent DATE OF JUDGMENT PRONOUNCED: 20-07-2015 SUBMITTED FOR APPROVAL:

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgment?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals

3. Whether Their Lordship wish to see the fair copy of the Judgment? Yes/No HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.6326 of 2015 ORDER :

This Criminal Petition is filed by the Petitioners/ Accused Nos.1 and 2 under Section 482 Cr.P.C seeking a direction to the XI Additional Chief Metropolitan Magistrate, Secunderabad to dispose of C.C No.437 of 2013 as expeditiously as possible

2) Heard learned counsel for the petitioners/ accused Nos.1 and 2 in C.C No.437 of 2013 on the file of XI Additional Chief Metropolitan Magistrate, Secunderabad where the learned Magistrate taken cognizance for the offence under Section 379 IPC against petitioners outcome of report of de facto complainant, who is no other than step mother of accused in Crime No.102 of 2013 of Bowenpally Police Station, Hyderabad, and also learned public prosecutor representing the respondent-state before admission. Perused the material on record.

3) As charges not even framed so far under Section 240 Cr.P.C the Criminal Petition filed by the petitioners/ accused Nos.1 & 2 under Section 482 Cr.P.C is disposed of, directing the learned Magistrate to take up and hear the application under Section 239 Cr.P.C read with 240 Cr.P.C if there are no grounds to frame charges to discharge, and if not to proceed with trial as per letter and spirit of Section 309 Cr.P.C preferably within three (3) months from the date of receipt of this order, if the trial could not be complete for any reason despite the direction supra, the learned Magistrate can seek for extention of time with reasons.

4 ) Miscellaneous petitions, if any pending, shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J Dt.20.07.2015 Knl HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.6326 of 2015

Date:20.07.2015 knl