Mohammed Akram Khan vs The State Of Telangana
2023 Latest Caselaw 1886 Tel

      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

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

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

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