High Court for State of TelanganaCRLRC/83/2015disposed of no costs

Nagesh Balakrishna Mulik, Hyd v. Archana, R.R. Dt. And ANR

2020-02-04Challa Kodanda Ram2 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CRIMINAL REVISION CASE No. 83 of 2015 ORDER:

This Criminal Revision case is filed challenging the order dated 09.12.2014 in Crl.A.No.97 of 2013, wherein, the learned Additional District and Sessions Judge, Vikarabad, Ranga Reddy, while allowing the said appeal, set aside the order dated 14.08.2013 passed by the learned Judicial First Class Magistrate, Tandur, Ranga Reddy District, in D.V.C.No.3 of 2011 and thereby, directed the trial Court to dispose of the said D.V.C. afresh by giving an opportunity to the revision petitioner herein to adduce evidence on condition of his depositing a sum of Rs.1,00,000/- from the date of the order and permitting the first respondent herein unconditionally to withdraw the same. It is submitted by both the learned counsel that pursuant to the order dated 09.12.2014 passed by the lower appellate Court in Crl.A.No.97 of 2013, the revision petitioner had paid Rs.1,00,000/- to the first respondent vide receipt dated 05.12.2014.

Though initially, learned counsel for the petitioner prayed for deciding the matter on merits, considering the fact that the amount has already been paid by the petitioner and the same was

CKR, J Crl.RC.No.83 of 2015 received by the first respondent, who is none other than his wife and who is also taking care of their son, while not pressing his prayer for disposal of the matter on merits, he prays for issuance of a direction to the trial Court to dispose of D.V.C.No.3 of 2011 expeditiously. Learned counsel appearing for the first respondent had expressed no objection to the same.

Accordingly, this Criminal Revision Case is disposed of with the direction to the learned Judicial First Class Magistrate, Tandur, Ranga Reddy District, to dispose of D.V.C.No.3 of 2011 as expeditiously as possible, preferably, within a period of eight

(8) months from today. To avoid delay, this Court considers it appropriate to direct the petitioner as well as the first respondent to be present before the Court on 25.02.2020, on which date, the learned Magistrate shall fix the calendar for disposal of D.V.C. on merits, uninfluenced by any of the observations made in the orders passed by this Court as well as the lower appellate Court. Miscellaneous Petitions, if any pending, shall stand closed. _________________________ CHALLA KODANDA RAM, J 4th FEBRUARY, 2020.

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