Merugu Srikanth vs State Of Telangana
2025 Latest Caselaw 1808 Tel

Telangana High Court

Merugu Srikanth vs State Of Telangana on 5 February, 2025

      THE HONOURABLE SMT. JUSTICE K. SUJANA


            CRIMINAL APPEAL No.148 of 2025


JUDGMENT:

This criminal appeal is filed by the complainant to set

aside the order dated 13.06.2024 passed in C.C.No.132 of

2020 by the learned II Additional Junior Civil Judge-Cum-II

Additional Judicial Magistrate of First Class at Godavarikhani.

By the impugned order, the trial Court dismissed the case for

non-appearance.

2. Heard Ms. Mogili Anaveni, learned counsel for petitioner

and Mr. Syed Yasar Mamoon, learned Additional Public

Prosecutor appearing for the State and perused the record.

3. Learned counsel for the petitioner submitted that

absence on 05.06.2024 and 13.06.2024 is neither wanton nor

willful but only due to unavailability of the counsel, who

shifted to Hyderabad. Hence, he prayed the Court to set aside

the docket order dated 13.06.2024.

4. Having regard to the submissions made by the learned

counsel for the petitioner and also material evidence available

on record, it is apparent that the petitioner is absent on

05.06.2024 and 13.06.2024 due to unavailability of the

SKS,J

counsel, who shifted to Hyderabad. Considering the facts and

circumstances of the case, this Court feels that ends of justice

would meet if an opportunity is given to the petitioner to

contest the case. Hence, this Court is inclined to set aside the

impugned order dated 13.06.2024 and the C.C.No.132 of

2020 is restored to its original file subject to the petitioner

paying costs of Rs.2,000/- before the trial Court Legal

Services Committee. Further, the trial Court is directed to

dispose of the C.C. as expeditiously as possible.

5. Accordingly, this Criminal Appeal is allowed.

Miscellaneous applications, if any pending, shall stand

closed.

_______________ K. SUJANA, J Date: 05.02.2025 gms

SKS,J

THE HONOURABLE SMT JUSTICE K. SUJANA

CRIMINAL APPEAL No.148 of 2025

Date: 05.02.2025

gms