Petitioner sought quashing of criminal proceedings under Cr.P.C. Section 482 citing lack of trial progress. High Court refused quash and instead ordered Magistrate to complete trial within four months.
No quash order; directed trial court to conclude trial within four months; criminal petition disposed.
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[3251 J
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY ,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 5269 OF 2022
Between:
A.C. Omkar, S/o. Ashaalu, aged about 61 years, Occ.Asst. Professor, Dept. of Geography, Osmania University, R/o.H.No. 12-13-115214, Street No. 11, Tarnaka, Secunderabad.
...PETITIONER/ACCUSED
AND
... RESPON DENTS/COM PLAI NANT
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 Quash the proceedings in C.C. No. 797 of 2016 on the file of ll Addl Junior Civil Judge cum Vl Addl. Metropolitan Magistrate, Medchal, Malkajgiri District at B.N. Reddy Nagar and' prevent the abuse of process of court or otherwise secure the ends of justice and pass
l.A. N9: 2 OF 2022
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 stay all further proceedings in C.C. No. 797 of 2016 on the file of ll Addl. Junior Civil Judge cum VI Addl. Metropolitan Magistrate, Medchal, Malkajgiri District at B.N. Reddy Nagar, pending disposal of the above euash petition
l.A. NO: 3 OF 2022
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 amend the district name from Ranga Reddy to Medchat Malkajgiri and further amend the court name from ll Addl. Junior Civil Judge cum Vl Addl. Metropolitan Magistrate, Medchal, Malkajgiri District at B.N. Reddy Nagar l.A. NO: 1 OF 2022
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 dispense with the filing of the Certified copy of the Charge Sheet in C.C. No. 797 of 2016 on the file of ll Addl. Junior Civil Judge cum Vl Addl. Metropolitan Magistrate, Medchal, Malkajgiri District at B.N. Reddy Nagar, FIR in Cr. NO. 469 of 2016 on the file of PS Uppal and Pvt Complaint dt.25.05.2016 for the present and pass
This Petition coming on for hearing, upon perusing the.Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MAMIDI VENU MADHAV, Advocate for the Petitioner anO ifre Additional Public Prosecutor on behalf of the Respondent No.1 and of None appeared for the Respondent No.2
The Court made the following: ORDER
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THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.5269 oF 2022
ORDER:
This Criminal Petition is filed under Section 482 of the Code of criminal Procedure, rgr3 (for short 'cr.p.c.l by the petitioner/Accused to quash the proceedings against him in c.c.No.797 /2016 on the file of II Additional Junior civil Judgecum-vl Additional Metropolitan Magistrate, Medhal, Malkajgiri District at B.N.Reddy Nagar. The offences alleged against him are under sections 42o,406 and 506 of the Indian penal code.
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Metropolitan Magistrate, Medhal,MalkajgiriDistrict at B.N.Reddy Nagar, to conclude theprocessof trial as expeditiously as possible, within a period of four(4) months, from the date of receipt of copy of this order,in accordancewith the provisions under Section 309 ofCr.P.C. whichcontemplates day-to-daytrial of criminal offencestill conclusion.
Miscellaneous applicationspending, ifany, shall stand
closed.
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Sd/- MOHD. SANAULLAHANSARI ASSISTANT REGISTRAR //TRUE COPY// G
SECTION OFFICER
To,
BJLB kam
HIGH COURT
KS, J
DATED:1710312023
ORDER
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CRLP.No.5269 ot 2O22
CRIMINAL PETITION IS DISPOSEDOFF
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2 issues framed by the court
Whether Criminal Petition filed under Section 482 Cr.P.C. to quash proceedings should be allowed given lack of progress in trial.
Whether the Magistrate should be directed to conclude the trial expeditiously.
2 provisions across 1 enactments
A.C. Omkar
The State of Telangana
M. Hanumantha Reddy
K. Surender
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
