HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE FIRST DAY OF SEPTEMBER, TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WP .NO:25245 of 2014 Between:
1. K. Jagadeesh, S/o Guruvaiah,
2. K. Mahesh, S/o. Guruvaiah, . Petitioners AND
1. The Government of Andhra Pradesh, Rep. by its Principal Secretary, Home Dept., Secretariat Buildings, Hyderabad.
2. The Inspector of Police, Kurnool II Town Police Station, Kurnool.
3. Smt. M.V.N.Padmaja, The Special Judicial Magistrate of 1st Class, Kurnool.
. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate writ, order or direction, more in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in directing the petitioner to proceed with the CC No. 146/2012 pending on her file without disposing of the pending applications as well pendency of the Transfer application before the Principal Sessions Court, and not furnishing the Docket proceedings as requested for, as being illegal, arbitrary and is in violation of principles of natural justice and fair play, and consequently direct the 3rd respondent not to insist for proceeding with the trial till the disposal of the pending Miscellaneous petitions in the above CC.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein, and upon hearing the arguments of Sri J.U.M.V. Prasad, Advocate for the Petitioners, and of GP for Home for the Respondent Nos 1 and 2, the Court made the following.
ORDER:
Issue notice to the learned counsel appearing for Kammisetty Jagadesh and Kammisetty Mahesh, Accused 1 and 2 in C.C.No. 146 of 2012, as to why his conduct shall not be referred to the Bar Council for unethical professional activities carried on by him.
Issue a show cause notice to the petitioners as to why they be not ordered to be prosecuted for trying to implicate unnecessarily the Presiding Magistrate of Special Judicial Magistrate of First Class Court, Kurnool, on whose file the criminal case is pending against the petitioner herein.
A show cause notice be issued to the petitioners as why the present writ petition, if they are not in a position to satisfy this Court, be not dismissed with exemplary costs of not less than Rs. 50,000/-. Notice be returned within one week.
Note: (1) Registry to stamp on the face and reverse of this docket that this case shall not be permitted to be withdrawn under any circumstances.
..2… (2) Registry is directed to see that notice in this case is served on the learned counsel practicing at Kurnool through process of District Court, Kurnool and proof of service be filed by the next date of hearing.
Post the matter on 09-09-2014 in motion list.
//TRUE COPY// To Sd/- V.L.Kantha Reddy ASSISTANT REGISTRAR For ASSISTANT REGISTRAR
1. The District Judge, District Court, Kurnool (BY Speed Post/RPAD with a direction to serve on the counsel for Accused Nos 1 & 2 in CC. No. 146 of 2012 and return to this Court before 09-09-2014)
2. The Spl. Judicial Magistrate of First Class, Special Mobile Court, at Kurnool (BY Speed Post/RPAD)
3. The Principal Secretary, Home Dept., Govt of A.P., Secretariat Buildings, Hyderabad.
4. The Inspector of Police, Kurnool II Town Police Station, Kurnool.
5. Smt. M.V.N.Padmaja, The Special Judicial Magistrate of 1st Class, Kurnool. (Addressee Nos 2 to 4 by RPAD)
6. Sri N. Srinivasa Reddy, Advocate. Spl. Judicial Magistrate of First Class Special Mobile Court, at Kurnool ( By Speed Post/ RPAD)
7. K. Jagadeesh, S/o Guruvaiah, R/o Asweetha Apartments, N.R. Nagar, Kurnool ( By Speed Post/ RPAD)z
8. K. Mahesh, S/o Guruvaiah, R/o Aswetha Apartments, N.R. Nagar, Kurnool ( By Speed Post/ RPAD)
9. The Section Officer, Writ Posting ( Non service) Section, High Court, Hyderabad
10. Two CCS to Public Prosecutor, High Court, Hyderabad (OUT)
11. One CC to Sri J.U.M.V. Prasad, Advocate (OPUC)
12. One spare copy Skm HIGH COURT NRR,J Drafted by: skm Drafted on: 3-09-2014A DATE: 01-09-2014 NOTE: POST THE MATTER ON 09-09-2014 IN M.L, ORDER WP. No. 25245 of 2014 DIRECTION