[HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.5894 OF 2014 Dated 15-7-2014 Between:
M.Balalingam.
And:
..Petitioner.
The State of A.P., represented by its Public Prosecutor, High Court of A.P., Hyderabad and others.
…Respondents.
HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.5894 OF 2014 ORDER:
This petition is filed to quash F.I.R. in Cr.No.111 of 2014 of Cyberabad Police Station for alleged offences under Sections 420, 468 and 471 I.P.C.
In this matter, on 9-6-2014, this court ordered notice before admission permitting petitioner counsel to take personal notice to R.3 through registered post with acknowledgement due and directed the matter to be posted after three weeks. This matter is listed on 7- 7-2014 and as none appeared on that day till 2.50 P.M., matter is directed to be listed on 14-7-2014 under the caption of ‘Dismissal’. When this matter has come up yesterday, advocate for petitioner sought time and when this court asked whether the order dated 9-6- 2014 was complied, it is represented that notice was sent but acknowledgement is not received and this court asked the advocate for petitioner to produce postal receipt in proof of compliance of order dated 9-6-2014.
Today, in the morning, none appeared and the petition is ordered to be dismissed for non-
prosecution. After the said order is passed, on being mentioned by the advocate for petitioner, this matter is again taken up at 2.15 P.M., and advocate for petitioner has filed USR No.1742 of 2014 showing proof of service.
As seen from the postal receipt, it appears that notice was sent on 14-7-2014 at 9.59 P.M., i.e., yesterday night. So apparently, order dated 9-6-2014 is not complied with and even representation made yesterday that notice was sent and acknowledgement is not received is incorrect.
For these reasons, I am not inclined to give any further time.
Accordingly, this Criminal Petition is dismissed for non-compliance of the order dated 9-6- 2014.
As a sequel to the disposal of this Criminal petition, the Miscellaneous Petitions, if any, pending, shall stand dismissed.
JUSTICE S.RAVI KUMAR Dated 15-7-2014.
Dvs.
HONOURABLE SRI JUSTICE S.RAVI KUMAR Dvs CRIMINAL PETITION No.5894 OF 2014 Dated 15-7-2014