Complainant appealed against dismissal of her complaint by the trial Magistrate for her absence on one hearing date. The High Court noted she was present throughout earlier proceedings and remanded the matter to the trial Court to consider an application explaining her absence and proceed with the trial in accordance with law.
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[32se ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE SIXTH DAY OF SEPTEIVIBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL
CRIMINAL APPEAL NO: 3s0 0F 2018
Appeal under section 3zB (4) ot cr-p.c. against the order dated 08-0.r-2018 made in c.c.No.262 ot 2017 on the fire of the court of the Xil speciar Magistrate of Erramanzil, Hyderabad.
Between:
M. Lakshmi, D/o. I\rlVSN Reddy, Aged about 32 years, Occ. Housewife, R/o. FIat No. 302, Venkatesh SadanApirtments t_inga;npiily, HyaeraUid-'" -'
...Appellant / Complainant
AND
...Respondent / Accused
Counsel for the Appellant
Counsel for the Respondent No 1 & 2
Sri Raja Shekar Rao Salvaji
Sri M Shiva Kumar
Counsel for the Respondent No 3
Smt S Madhavi
Assistant Public Prosecutor
The Court made the following Order :
THE HONOURABLE SRI JUSTTCE E.V.VENUGOPAL
CRIMINAL APPEAL No.35O OF 2018
ORDER:
The present Criminal Appeal is filed seeking to set aside the order dated 08.01.2018 in C.C.No.262 of 2Ol7 on the file of the iearned XII Special Magistrate, Hyderabad (for short, "the trial Court")
(
5' Accordingly, this appeal is disposed of and the matter is remanded back to the learned trial Court. The appellant would take steps to file an appropriate application mentioning the cogent reasons for his absence on 08.01.2018 before the learned trial Court within (02) weeks from the date of receipt of cop-y of this order. Upon such fiting ol petition by the appeliant the learned trial Court shall consider said application and pass appropriate orders thereon and proceed with the trial strictlv in accordance with law.
Miscellaneous Petitions, pending if any, shall stand ciosed.
\
Sd/. K. SAILESHI DEPIJTY EGIS //TRUE COPY// ). TION OFFICER
To,
/
HIGH COURT
DATED:0610912024
ORDER
CRLA.No.350 of 2018
1 A r E o
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DISPOSING OF THE CRLA
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1 issue framed by the court
Whether a complaint dismissed for complainant's absence on one date should be restored despite the appellant's otherwise continuous presence during proceedings?
2 provisions across 1 enactments
M. Lakshmi
M/s Innova Hospitals Pvt Ltd
K.S Murthy
State of Telangana
E.V. Venugopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
