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since 1985 practicing as advocate in both civil & criminal laws

Monday, August 5, 2013

Direction to dispose the case speedily = accused No.1, who is an employee in USA, is now in India and the accused are ready to face the trial and as such a direction may be issued to the Trial Court to dispose of the case within a specified period to avoid hardship to the accused. Considering the submission made by the learned counsel appearing for the petitioners and taking into account the fact that the accused No.1 is residing in USA by virtue of his employment, the Trial Court is directed to take up the trial on priority basis and dispose of the case within a period of three months from the date of receipt of the order in the Criminal Petition.

 published in http://hc.ap.nic.in/csis/MainInfo.jsp?mtype=CRLP&mno=1795&year=2013

CRLP 1795 / 2013

CRLPSR 6297 / 2013
PETITIONERRESPONDENT
MADDIGAOPPU NAGI REDDY (A2) & ANOTHER  VSTHE STATE OF A.P. & ANOTHER
PET.ADV. : SWAMYRESP.ADV. : PUBLIC PROSECUTOR
SUBJECT: U/s.482 Cr.p.c Quash the proceedings U/s.498-A I.P.CDISTRICT:  HYDERABAD

THE HON’BLE SRI JUSTICE R. KANTHA RAO

CRIMINAL PETITION No.1795 of 2013

O R D E R :

                  Heard the learned Counsel appearing for the petitioners and the learned Additional Public Prosecutor representing the State.
                  This petition is filed under Section 482 Cr.P.C to quash the entire proceedings in C.C.No.968 of 2012 on the file of Special Judicial Magistrate of First Class for Prohibition & Excise Offences, Nalgonda District, registered for the offences under Section 498-A of I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act.
                  Basing on the report lodged by the second respondent/ defacto complainant, the Police Suryapet, Nalgonda District, registered a case in FIR No.150 of 2011 under Sections 498-A  of I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act.
                  It is submitted by the learned counsel appearing for the petitioners that there is no prima facie material showing involvement of the petitioners and A.1 in the alleged offences and they were falsely implicated in this case with a view to harass them. However, the learned counsel submitted inter-alia that accused No.1, who is an employee in USA, is now in India and the accused are ready to face the trial and as such a direction may be issued to the Trial Court to dispose of the case within a specified period to avoid hardship to the accused.
                  Considering the submission made by the learned counsel appearing for the petitioners and taking into account the fact that the accused No.1 is residing in USA by virtue of his employment, the Trial Court is directed to take up the trial on priority basis and dispose of the case within a period of three months from the date of receipt of the order in the Criminal Petition.
                  With the above direction, the Criminal Petition is disposed of.  As sequel to it, Crl.P.M.P.No.1513 of 2013 shall stand dismissed.
                 
                                                      ____________________

R. KANTHA RAO, J


4th March, 2013
dv/smr

 

 

THE HON’BLE SRI JUSTICE R. KANTHA RAO


































CRIMINAL PETITION No.1795 of 2013




4th March, 2013




dv/smr


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