Kakatiya Industries India Private ... vs The State Of Telangana,
2025 Latest Caselaw 794 Tel

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.387 OF 2024

JUDGMENT:

This Criminal Appeal is filed by the appellant-complainant

questioning the Order dated 08.09.2023 passed in

C.C.NI.No.12436 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."

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

08.09.2023 passed in C.C.NI.No.12436 of 2022 by the learned VIII

Metropolitan Magistrate, Manoranjan Complex, Nampally at

Hyderabad.

7. Accordingly, the appeal is dismissed.

Miscellaneous applications pending, if any, in this criminal

appeal, shall stand closed.

_________________ K.SURENDER, J Date:03.01.2025 VRKS