U.Ramakrishnam Raju vs Kamini Vishnuvardhan Reddy
2025 Latest Caselaw 1383 Tel

Telangana High Court

U.Ramakrishnam Raju vs Kamini Vishnuvardhan Reddy on 27 January, 2025

              THE HON'BLE SMT. JUSTICE K. SUJANA

               CRIMINAL APPEAL NO.233 OF 2024

JUDGMENT

This appeal is filed by the appellant/complainant

aggrieved by the docket order dated 15.06.2023 passed in STC

NI.617 of 2022 by the I- AJCJ-cum-IX Additional Metropolitan

Magistrate, Cyberabad, Kukatpally.

2. The docket order dated 15.06.2023, shows that both

parties called absent and no representation was made on their

behalf during call work and again when the matter was taken

up at 4.35 p.m, neither complainant turned up nor he was

represented by his counsel. Therefore, the trial Court dismissed

the complaint. Aggrieved by the said order, this criminal appeal

is filed.

3. The contention of learned counsel for the appellant is that

appellant was referred to the court and on the previous

occasion, appellant was represented by his counsel and he also

filed petition for appointment of Advocate Commissioner for

securing the presence of accused and only on 15.06.2023, the

complainant was not present which is not intentional, if his

complaint is not restored, it will cause prejudice to the

appellant. As such, prayed this Court to allow the appeal by

setting aside the order of trial Court.

4. On the other hand, the learned counsel for respondent

No.1 opposed the same stating that even after calling the case

for two times, there was no representation on behalf of the

complainant. As such, the trial Court rightly dismissed the case

for default and prayed to dismiss this appeal.

5. Considering the submissions made by both the counsel

and the material on record, the record shows that only on

15.06.2023, the appellant herein who is the complainant in STC

NI.617 of 2022 was absent. However, the case has to be

disposed of on merits. In view of the same, the appeal is allowed

setting aside the docket order dated 15.06.2023 in STC NI.617

of 2022 on the file of I-AJCJ-cum-IX Additional Metropolitan

Magistrate, Cyberabad, Kukatpally, on payment of costs of

Rs.2000/- (Rupees Two thousand only) to the

respondent/accused.

Miscellaneous applications, if any pending, shall stand

closed.

_______________ K. SUJANA, J Date :27.01.2025 Rds

THE HON'BLE SMT. JUSTICE K. SUJANA

CRIMINAL APPEAL NO.233 OF 2024

DATE : 27.01.2025

Rds