A.Murali Krishna v. U.Pattabhi Ramaiah

THE HON'BLE SRI JUSTI CE SANJAY KUMAR CI VI L REVI SI ON PETI TI ON No.6351 of 2017 ORDER:

In this civil revision petition filed under Article 227 of the Constitution, the petitioner, who is a respondent in L.A.O.P.No.394 of 2012 on the file of the learned XV Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar, canvasses his grievance with regard to the pendency of I.A.No.263 of 2015 in the said O.P. under Section 340 CrPC.

Sri K.G.Krishna Murthy, learned senior counsel appearing for Sri K.Ramamohan, learned counsel for the petitioner, would contend that the signatures of the petitioner were forged by the respondent herein, the petitioner in the O.P., in relation to the Court proceedings. A complaint in this regard was filed on 27.10.2015 and I.A.No.263 of 2015 was filed by him in the O.P. under Section 340 CrPC.

The complaint presently is that the Court below is not taking up the said I.A. for disposal despite the lapse of nearly two years. As this Court does not propose to venture into the merits of the matter, it is wholly unnecessary to put the respondent herein on notice or afford him an opportunity of hearing. Despite time constraints and work pressure, it would be proper for the Court below to dispose of I.As. as expeditiously as possible and not keep them pending indefinitely. The subject I.A. is not of a nature that would require the Court to put in lengthy time and effort. The civil revision petition is accordingly disposed of directing the Court below to take up the subject I.A., being I.A.No.263 of 2015 in L.A.O.P.No.394 of 2012, and consider the same on its own merits in accordance with law. This exercise shall be completed expeditiously and it

is open to the petitioner to move for advancement of the subject I.A. before the Court below basing on this order.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. _______________ SANJAY KUMAR,J Date:17.11.2017 PGS