HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINIAL PETITION No.8411 of 2023
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners
- accused Nos.1 to 4 to direct the XIII Additional Chief Metropolitan Magistrate at Nampally Criminal Court, Hyderabad to dispose of C.C.No.448 of 2015 as expeditiously as possible.
2. Heard learned counsel for the petitioners and Sri S.Ganesh, learned Assistant Public Prosecutor for the respondent No.1 - State and perused the record.
3. It is contended by learned counsel for the petitioners that the marriage between the 2nd respondent and accused No.1 was performed on 06.04.2014 as per the customs prevailed in the Muslim Community of Mehdvi Sect. After the marriage, both of them lived happily only for a period of one month and later the 2nd respondent left the matrimonial house. Thereafter, she lodged a complaint on 10.02.2015 before the Mesheerabad Police Station, Hyderabad. Basing on the said complaint, a case in Crime No.34 of 2015 was registered for the alleged offences GAC,J Crl.P.No.8411_2023 2 punishable under Sections 323, 354, 420 and 506 of IPC against all the petitioners. It is further contended that the police have investigated the case and filed charge sheet before the Court of XVII Additional Chief Metropolitan Magistrate, Hyderabad, who has taken cognizance of the offences and numbered the case as CC No.1048 of 2015; and after full fledged trial, the case was ended in acquittal vide judgment dated 27.02.2019.
4. Learned counsel further contended that pending the above crime, within a span of six days, the 2nd respondent lodged the present complaint against the petitioners before the Police, Women Police Station, CCS, Hyderabad, who inturn has registered a case in crime No.73 of 2015 against the petitioners for the offences under Sections 498-A and 406 of IPC and Sections 4 and 6 of the DP Act. The police have investigated the case and a charge sheet before the Court of XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad and the learned Magistrate took cognizance of the offences and numbered the case as C.C.No.448 of 2015. Now, the said C.C. is coming up for supplying of copies to the petitioners. Learned counsel also contended that petitioner No.1 was working at abroad, moreover 2nd respondent is not living with him; that as GAC,J Crl.P.No.8411_2023 3 the case is not in progress, petitioner No.1 is unable to work at Abroad. Therefore, he prayed to direct the Court below to dispose of the calendar case as early as possible.
5. On the other hand, Sri S.Ganesh, learned Assistant Public Prosecutor contended that time limit may be fixed for concluding the trial as the case pertains to the year, 2015.
6. On perusal of the record, it is evident that initially non- bailable warrant was issued against petitioner No.1. Later, he filed Crl.P.No.1889 of 2023 before this Court below seeking quashing of warrant and this Court has disposed of the same on 23.02.2023 directing petitioner No.1 to approach the trial Court for filing appropriate application under Section 70(2) of Cr.P.C. for recall of the warrant and the trial Court was pleased to recall the warrant with conditions including depositing of passport. It is now the contention of learned counsel for the petitioners that petitioner No.1 will cooperate with the trial.
7. In view of the above, without going into merits of the case and taking into consideration that the C.C. is of the year 2015, this Court deems it appropriate to direct the Court below to dispose of the C.C. at the earliest.
GAC,J Crl.P.No.8411_2023 4
8. Accordingly, the Criminal Petition is disposed of directing the Court below to dispose of C.C.No.448 of 2015, as expeditiously as possible, preferably, within a period of four (04) months from the date of receipt of a copy of this order and the petitioners are directed to cooperate with the trial.
Miscellaneous Petitions, pending if any, shall stand closed.
________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 01.09.2023 ns Note:
Furnish C.C. by 05.09.2023 b/o.
ns