Telangana High Court
Kakatiya Industries India Private ... vs The State Of Telangana on 3 January, 2025
THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL NO.386 OF 2024
JUDGMENT:
This Criminal Appeal is filed by the appellant-complainant questioning the Order dated 16.08.2023 passed in C.C.NI.No.12775 of 2022 by the learned VIII Metropolitan Magistrate, Manoranjan Complex, Nampally at Hyderabad.
2. Heard the learned counsel appearing for the appellant- complainant and the learned Assistant Public Prosecutor for the respondent-State and perused the record.
3. The impugned order reads as under:
"Both parties absent, no representation. No representation for complainant till evening. Complainant failed to appear despite of ample opportunities and despite of conditional order. Process not paid for issuance of summons despite of conditional order. Conditions not complied. This court of the opinion that complainant is not willing to proceed in further with this case. This court deems it fit and proper that this case to be dismissed for non prosecution. Hence this case is dismissed for default." 2
4. The complaint was filed in the year 2022 and thereafter neither the complainant was present nor there was any representation by the complainant's counsel. Processes were not paid for issuing summons and conditions were also not complied. According to the order though ample opportunity was given however, the complainant did not proceed with this case.
5. The complainant having filed the complaint has the duty to prosecute his case diligently. The complainant has not filed any proof to show that at any point of time prior to the dismissal order either company's representatives or learned counsel appeared and have filed any processes. The learned Magistrate has given ample opportunity for nearly 1 ½ years by postponing the case, inspite of the absence of the complainant and the learned counsel.
6. There are no grounds to interfere with Order dated 16.08.2023 passed in C.C.NI.No.12775 of 2022 by the learned VIII Metropolitan Magistrate, Manoranjan Complex, Nampally at Hyderabad.
7. Accordingly, the appeal is dismissed. 3
Miscellaneous applications pending, if any, in this criminal appeal, shall stand closed.
_________________ K.SURENDER, J Date:03.01.2025 VRKS