Disposed

Naresh Kumar Yalla v. The State of Telangana

Telangana HC24 Dec 2021CRLP/9928/2021

Case brief

AI extract

What is this about?

The High Court of Telangana, hearing a Criminal Petition under Section 482 Cr.P.C., directed the Additional Metropolitan Magistrate at Kukatpally to dispose of a Domestic Violence case filed in 2019 expeditiously within three months, noting a violation of the statutory 60-day limit.

What did the court decide?

Directed the Learned X Additional Metropolitan Magistrate, Kukatpally, to dispose of D.V.C.No.61 of 2019 within three months from the date of receipt of this order.

Naresh Kumar Yalla Vs The State of Telangana — Domestic Violence | Telangana HC (2021)

¶1

IN THE HIGH COURT FOR THE STATE OF TELANGANA

¶2

AT HYDERABAD

¶3

FRIDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE K,LAKSHMAN

¶6

CRIMINAL PETITION N O: 9928 OF 2021

¶7

Between:

¶8

Naresh Kumar Yalla, S/o. Kesavarao Yalla, Aged 32 vears, Occ. Pvt. Job, R/o.Plot No.90/A, Venkataramana Colony, Gokul Plots, KP HB, Hyderabad. lvlob. 9700449993.

¶9

... Petitioner/Party- in- Person

¶10

AND

¶11

1 The State of Telangana, represented by its Public Prosecutor, High Court of Telangana, at Hyderabad.

¶12

Komali Perni, D/o. P.G.S. Rao, Occ. Private Employee, Age 28 years, Hyderabad Address. Plot No.366, Matrusri Nagar, Miyapur, Hyderabad. Mob. 9013361778 (WhatsApp number) Email ld . komalip.igit(a)gmail.com, [email protected]

¶13

...Respondents

¶14

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the X Additional Metropolitan I\4agistrate, Kukatapally Court Complex, Prashanth Nagar, Kukatpally to dispose of D.V.C.No.61 ol 2019 at an early date in the interest of^justice.

¶15

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Crrminal Petition and upon hearrng the arguments of Sri Naresh Kumar Yalla, party in person on behalf of Petitioner and the Public Prosecutor on behalf of the Respondent.

¶16

The Court made the following: ORDER

¶17

i I1

¶18

THE HOI OURABLE SRI JUSTICE K. LAKSHMAN

¶19

CRMINAL PETITION No.9928 of 2O2l

¶20

ORDER:

¶21

This Crr ninal Petition is filed under Section 482 Cr.P.C., to d rect the X Addl. Metropolitan IVlagistrate, Kukatpally, tc conduct expeditious trial in D.V.,3.No.61 of 2019.

¶22

Heard p, :rty in person and learned Public Prosecutor. Perused the R, cord.

¶23

Respond:nt No.2 had filed an application under Section 12 c I the Protection of Women lrom Domestic Violence Act, 1005 (for short 'Act, 2005') vide D.V.C.No.61 of 2019 on the file of the X Addl. Metropolitan Maqistrate, Kukatpally, s:eking several reliefs againsl the pr:titioner herein, on 20- )4-2019.

¶24

The part y in person would submit that though the said application \ras filed on 2O-O4-2O19 anc as per Section 12 (5) of the Act learned Magistrate has tr> dispose of the said app ication u,ithin 60 days from the date ol first hearing, the learned Magistrate IS adjourr-ring the matter simply and n( t taking up the same.

¶25

)

¶26

As per Section 12^{(5) of the Act, the Court belowhas to} dispose of the application^{filed underSection L2 of the Act} within 60 days from the first^{date of hearing' Admittedly,this} application vvas filed on^{2O-O4-2O19 and the matter is still} pending.

¶27

In view of Section 12^{(5) of the Act and also considering} the fact that the^{present applicationwas filed on 2O-O4-2O19,} this Criminal Petition^{is disposed of, directinglearned X Addl'} Metropolitan Magistrate,^{Kukatpally,todispose of} D.V.C.No.61 of 2019, as^{expeditiously as possible,in} accordance with law,^{preferablywithin a period of three(3)} months, from the^{date of receiptof a copy of this order'}

¶28

As a sequel, miscellaneous^{petitions, if any, pending in}

¶29

the criminal petition^{shall stand dismissed.}

¶30

SD/.K.AMMAJI ASSISTANT REGISTRAR //TRUE COPY// 6,b SECTION OFFICER

¶31

To, 1, The X Additional Metropolitan^{tvagistrate, Kukatapally Court Complex, Prashanth} Nagar, Kukatpally.

¶32

The Station House Officer,^{K.P.H.B. Police Station, Kukatpally.}

¶33

Two CCs to the^{Public Prosecutor,High Courtfor the State of Telangana,at} Hyderabad [OUT]

¶34

Naresh Kumar Yilla. S/o. Kesavarao^{Yalla, Occ. Pvt. Job, R/o.Plot No 90/A'} Venkataramana Colony,^{Gokul Plots, KPHB, Hyderabad.}

¶35

Two CD Copies

¶36

One Spare^CoPY MMK

\{5 A'

HIGH COURT

DATED:2411212021

I I (,
t
201

ORDER

CRLP.No.9928 of 2021

DISPOSING OI; THE CRIMINAL PETITION

¶45

fn? tN*

Naresh Kumar Yalla v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Naresh Kumar Yalla v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

I Shiva Kumar and 4 Others Vs The State of Telangana and Another

J. Raju Vs The State of Telangana

Tungala Laxmi Raghava Vs State of Telangana

Alladi Laxmaiah Vs State of Telangana

Md Omer Vs The State of Telangana

Soma Panduranga Vs The State of Telangana