Dumpa Laxmi Laxmamma vs The State Of Telangana
2022 Latest Caselaw 7082 Tel

                                                Crl.Petition No.11758 of 2022
                                  1




       THE HONOURABLE SRI JUSTICE K.SURENDER

            CRIMINAL PETITION No.11758 OF 2022

O R D E R:

This Criminal Petition is filed under Section 482 of the Code of

Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner-

Accused No.2 to direct the Additional Judicial First Class Magistrate,

Ramannapet, to try the case and counter case vide C.C.Nos.385 of

2016 and 471 of 2016 together and render the judgment on the

same day.

2. Heard learned counsel for the petitioner and learned Additional

Public Prosecutor for the respondent - State. Perused the record.

3. The petitioner is the Accused No.2 in C.C.No.385 of 2016. The

said case is filed against this petitioner and two others namely

Dhumpa Shankaraiah and Dhumpa Naveen by one Dhumpa Swamy.

Another complaint was filed by the petitioner herein, Dhumpa Naveen

and Dhumpa Shankaraiah who are arrayed as Accused Nos.1 to 3 in

C.C.No.385 of 2016 against Dumpa Swamy, Dumpa Yadamma and

Dumpa Madhu who are Accused Nos.1 to 3 in C.C.No.471 of 2016.

Crl.Petition No.11758 of 2022

4. Learned Additional Public Prosecutor submits that the de facto

complainant is not heard before pronouncing the orders.

5. In both the calendar cases, complaint and counter complaint

were filed regarding the incident that happened on 10.04.2016.

When the incident happened on the very same day, this Court finds

that in the interest of justice, both the case and counter case have to

be tried together. Notice is not required to the de facto complainant.

Since both the parties are claiming to be the victims, both cases were

filed and the families in one case who are accused are witnesses in

one case and vice versa. For the said reasons, this Court deems it

appropriate to direct the Trial Court to try both the cases together.

6. Accordingly, the Criminal Petition is allowed directing the

Additional Judicial First Class Magistrate, Ramannapet, to try both the

cases together by examining the witnesses in both the cases and

pronounce judgment simultaneously. Needless to say, the said

procedure has to be adopted by the Magistrate to avoid conflicting

orders.

Crl.Petition No.11758 of 2022

Miscellaneous applications pending, if any, shall stand closed.

_____________ K.SURENDER, J Date: 28.12.2022 rev

Note: C.C. by 02.01.2023.

B/o rev