HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.25373 of 2010
Date: July 07, 2014
Between:
Kota Radhakrishna Kumar.
… Petitioner And Food Inspector, Ranga Reddy District, c/o Institute of Preventive Medicine, PH, Labs & Food (Health) Administration, Narayanaguda, Hyderabad.
… Respondent * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.25373 of 2010
O R D E R:
Heard learned counsel for the petitioner and none appeared for the respondent.
2. This writ petition was filed challenging the criminal complaint filed by the respondent in C.C.No.203 of 2002 on the file of the Additional Judicial Magistrate of the First Class, Ranga Reddy at L.B. Nagar, which was re-numbered as C.C.No.937 of 2006 on the file of the Special Mobile Magistrate Court-cum-XI M.M., Cyberabad at L.B. Nagar, and now renumbered as C.C.No.116 of 2014 by I Metropolitan Magistrate (Municipal Court) Hyderabad.
3. This case has a chequered history. Originally a complaint was filed on 01.02.2002 by the respondent before the Additional Judicial Magistrate of the First Class, Hyderabad, West & South at Kothapet, and it was registered on 27.02.2002 as C.C.No.203 of 2002 under Sections 16 (1)(a)(i) & 16 (1)(e) of the Prevention of Food Adulteration Act, 1954 (for short ‘the Act’) for contravention of the Act. Summons was issued to the accused and he appeared before the Court on 20.04.2002. Thereafter nothing has happened in the year 2002 except examination of the accused under Section 251 Cr.P.C. on 20.11.2002. The accused pleaded not guilty and the case was adjourned to 11.12.2002 for trial. On 15.02.2003 P.W.1 was partly examined in chief and thereafter nothing has happened in the year 2003. P.W.1 was partly examined in chief on 19.03.2004 and again on 15.10.2004. P.W.1 was examined in chief and Exs.P-1 to P-109 were marked. On 29.09.2005 the C.C. was transferred to III Metropolitan Magistrate, Cyberabad, and was re-numbered as C.C.No.2824 of 2005 and undergone three adjournments between 29.09.2005 and 28.06.2006. On 18.10.2006, C.C.No.2824 of 2005 was received by way of transfer by XI MM, Cyberabad, and it was re-numbered as C.C.No.937 of 2006, but there was no progress in the case for the next four years. While so, on 19.12.2011, this Court issued a circular to transfer cases relating to the Prevention of Food Adulteration Act, including C.C.No.937 of 2006 to I Metropolitan Magistrate, (Municipal Court), Hyderabad on or before 24.12.2011. But the file was not transmitted to I Metropolitan Magistrate Court immediately and it was only on 08.05.2012 the accused was directed to appear before I Metropolitan Magistrate Court, Hyderabad, on account of transfer of C.C.No.937 of 2006 as per the circular of this Court. But the file was transferred to I Metropolitan Magistrate Court, Hyderabad on 01.02.2013 and I Metropolitan Magistrate (Municipal Court) ordered its retransmission to XI Metropolitan Magistrate Court on 31.08.2013 along with other cases to XI Metropolitan Magistrate Court, Cyberabad at L.B.Nagar, on the ground that the complaint copy was not found in the record.
4. When the present writ petition came up for hearing, this Court, by order dated 11.04.2014, called for a report in this case from the Principal District and Sessions Judge, Ranga Reddy District, with regard to delay in disposal of the case. After receipt of the said order, it appears that, he instructed XI Metropolitan Magistrate, Cyberabad, to include the case in the list of 100 identified cases, take up hearing of C.C.No.937 of 2006 on a day- to-day basis and dispose of it as expeditiously as possible, preferably within a period of three months while ordering initiation of action against two Section Clerks/Junior Assistants. But, XI Metropolitan Magistrate, Cyberabad, R.R. District at L.B. Nagar, by her letter dated 03.06.2014 transmitted the entire case records in C.C.No.937 of 2006 to I Metropolitan Magistrate (Municipal Court), Hyderabad, on the ground that it has no territorial jurisdiction to try the case. Now, the case is before I Metropolitan Magistrate (Municipal Court), Hyderabad.
5. In view of the enormous delay that took place in disposal of the above case by the concerned Courts, even though three Presiding Officers changed in the meanwhile, this Court feels that it is in the fitness of things to direct I Metropolitan Magistrate (Municipal Court) Hyderabad-cum- Special Court for G.H.M.C. Cases, Chudibazar, near Charminar, Hyderabad, with whom the case rests now to dispose of C.C.No.116 of 2014 as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. The petitioner shall cooperate with the conduct of trial in the case.
6. The Registrar, (Vigilance) of this Court shall make an enquiry with regard to the cause of delay in disposal of the complaint dated 01.02.2002 filed by the Food Inspector, R.R. District, before the Additional Judicial Magistrate of the First Class, Hyderabad, West & South at Kothapet, which was registered on 27.02.2002 as C.C.No.203 of 2002 under the provisions of the Act and which is now pending before I Metropolitan Magistrate (Municipal Court), Hyderabad, as C.C.No.116 of 2014 on the administrative side by duly verifying the records and examine the persons, if any, and fix responsibility for dereliction of duty. The said enquiry shall be conducted without causing any obstruction to the pending trial and submit a report to this Court after conclusion of the enquiry.
7. The writ petition is accordingly disposed of. Pending miscellaneous petitions, if any, shall stand closed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: July 07, 2014 BSB
2 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.25373 of 2010
Date: July 07, 2014
BSB