This High Court ordered the trial court to complete the trial within six months. The convict-appellant's presence was dispensed with for adjournments, though he must appear when deemed necessary by the trial court.
Trial court directed to complete trial within six months; petitioner's presence dispensed with for adjournments.
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IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH
TUESDAY THE TWENTYFOURTH DAY OF JUNE TWO THOUSAND AND FOURTEEN
PRESENT
HONOURABLE SRI JUSTICE S. RAVI KUMAR
CRIMINAL PETITION NO. 3314 OF 2012
Between:
Gopi Shastri … Petitioner/Accused
V/s.
The State of Andhra Pradesh Represented by its Public Prosecutor High Court of A.P. Hyderabad & Anr. .. Respondents/Complainant
Counsel for Petitioners : Sri N.V. Anantha Krishna Counsel for Respondents : Public Prosecutor for R-1 Sri B. Nalin Kumar for R-2
The court made the following : [order follows]
HONOURABLE SRI JUSTICE S. RAVI KUMAR
CRIMINAL PETITION NO. 3314 OF 2012
O R D E R :
This Criminal Petition is filed to quash proceedings in CC.No. 41 of 2012 on the file of Special Magistrate, Hayathnagar, Ranga Reddy district.
2. Heard both sides.
3. The main grievance of petitioner is though trial commenced long back, no progress is shown and the complainant has not produced the witnesses in support of allegations levelled against the petitioner. It is further contended that petitioner is a resident of Bangalore and as the case is at Hyderabad, it has become difficult for him to appear for each and every adjournment even without any progress in the case.
4. On the other hand, advocate for second respondent submitted that petitioner can as well invoke section 205 Cr.P.C. to dispense with his presence.
5. Considering the nature of allegations and gravity of offence and submissions of both sides, I am of the view by directing trial court to dispose of CC.No. 41 of 2012 by fixing time and by dispensing with
the presence of petitioner for each and every adjournment.
6. For the above reasons, trial court is directed to complete trial
as expeditiously as possible, preferably within six months from the date of receipt of a copy of this order and the presence of petitioner is
dispensed with for each and every adjournment. However, he shall appear as and when directed by the court below when his physical
presence is felt necessary by the trial court.
____________________ JUSTICE S. RAVI KUMAR .
24/06/2014 I s L
HONOURABLE SRI JUSTICE S. RAVI KUMAR
CRIMINAL PETITION NO. 3314 OF 2012
Circulation No.128 Date:24/06/2014 Court Master: I s L Computer No. 20th Court Hall
1 issue framed by the court
Whether the trial court can dispose of the criminal case by fixing time and dispensing with the petitioner's presence for adjournments.
Colour shows how this judgement treated each authority
nullReferred
1 provisions across 1 enactments
Gopi Shastri
The State of Andhra Pradesh Represented by its Public Prosecutor High Court of A.P. Hyderabad & Anr.
S. Ravi Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
