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S.P. Alamelu , Sujitha v. The State of Telangana

Telangana HC13 Jun 2019CRLP/2691/2019

Case brief

AI extract

What is this about?

The High Court, exercising its inherent powers under Section 482 CrPC, directed the Court of XIII Metropolitan Magistrate, Cyberabad, to expeditiously dispose of C.C. No. 614 of 2015 within six months due to undue delay affecting the right to speedy trial under Article 21.

What did the court decide?

Directed the Court of XIII Metropolitan Magistrate, Cyberabad to dispose of C.C. No. 614 of 2015 within six months.

S.P. Alamelu , Sujitha Vs The State of… — Civil Procedure and Limitation | Telangana HC (2019)

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THE HON'BLE JUSTI CE G.SRI DEVI

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Cr im in al Pet it ion No.2 6 9 1 of 2 0 1 9

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ORDER :

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This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner/ de-facto complainant in C.C.No.614 of 2015, seeking a direction to the Court of XIII Metropolitan Magistrate, Cyberabad at L.B.Nagar, to dispose of C.C.No.614 of 2015 pending on its file, expeditiously.

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2 . Heard Sri Rakee Sridharan, learned counsel for the petitioner and perused the record. Since only a direction is sought for expeditious disposal of the Calendar Case pending before the Court below, this petition is being disposed of at the admission stage without ordering notices to the respondents.

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3 . The learned counsel for the petitioner would submit that the petitioner herein is the de-facto complainant in C.C.No.614 of 2015 on the file of XIII Metropolitan Magistrate, Cyberabad at L.B.Nagar; the subject Calendar Case pertains to the year 2015 and it is still pending before the Court below without substantial progress and no proper appearance of the respondents therein and ultimately sought a direction to the Court below to dispose the said Calendar Case expeditiously.

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4 . Admittedly, the subject Domestic Violence Case was registered in the year 2015. Though four years have elapsed from the date of registration of the said Calendar Case, there is no substantial progress in the matter, for one reason or the other.

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5 . Law is well settled that the right to speedy trial in all criminal prosecutions is an inalienable right under Article 21 of the Constitution of India. This right is applicable not only to the actual proceedings in Court but also includes, within its sweep, the preceding police investigations as well. The right to speedy trial extends equally to all criminal prosecutions and is not confined to any particular category of cases. Speedy trial is the essence of Criminal Justice and there can be no doubt that delay in trial by itself constitutes denial of justice. Under these circumstances, this Court is of the considered view that it is a fit case to direct the Court below to dispose of the subject Calendar Case pending on its file since a long time, expeditiously.

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6 . Accordingly, the learned XIII Metropolitan Magistrate, Cyberabad at L.B.Nagar, is directed to dispose of C.C.No.614 of 2015 pending on its file, as expeditiously as possible, in any event not later than six (06) months from the date of receipt of a copy of this order, without giving any unnecessary adjournments to either of the parties.

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7 . With the above direction, this Criminal Petition is disposed

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of.

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Miscellaneous Petitions, if any, pending in this Criminal Petition, shall stand closed.

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_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ JUSTI CE G.SRI DEVI

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13^th June, 2019 Bvv

S.P. Alamelu , Sujitha v. The State of Telangana

Case brief

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S.P. Alamelu , Sujitha v. The State of Telangana

Case brief

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