IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH FRIDAY THE TWELVETH DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 1238 OF 2012 Between:
Mumtaz Begum … Petitioner/A-3 V/s.
The State of Andhra Pradesh Represented by its Public Prosecutor High Court of Judicature at Hyderabad for the State of Telangana & AP … Respondents/Complainant & Anr.
Counsel for Petitioner : Sri O.Kailashnath Reddy Counsel for Respondents : Public Prosecutor for R-1 None appeared for R-2 The court made the following : [order follows] HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 1238 OF 2012 O R D E R :
This Criminal Petition is filed to quash proceedings in CC.No. 519 of 2011 on the file of XV Special Magistrate Court, Hyderabad directing the Magistrate not to proceed with trial in view of pendency of SR.No.5510 of 2007 on the file of XI Additional Chief Metropolitan Magistrate, Secunderabad.
2. Heard both sides.
3. Advocate for petitioner submitted that he has no information about SR.No. 5510 of 2007 and that he has to contact his client for instructions.
4. Advocate for second respondent submitted that SR.No.5510 of 2007 is disposed of on 21/09/2013 by XI Additional Chief Metropolitan Magistrate, Secunderabad, therefore, the present prayer in the criminal petition has become infructuous. He submitted because of this Criminal Petition trial court is not proceeding with CC.No.519 of 2011 though SR.No. 5510 of 2007 is disposed of. In support of his contention, he has produced certified copy of order passed by XI Additional Chief Metropolitan Magistrate, Secunderabad, dated 21/09/2013.
5. I have perused the material papers and order of court below produced today.
6. This criminal petition is filed with the grievance that XV Special Magistrate is proceeding with trial in CC.No. 519 of 2011 inspite of pending of SR.No.5510 of 2007 without invoking section 210 Cr.P.C. According to petitioner, SR.No.5510 of 2007 is based on a private complaint and during pendency of that on the same subject Crime No.201 of 2007 of Ramgopalpet Police Station was pending and after receipt of final report a common order is passed in SR.No.5510 of 2007 and Cr.No.201 of 2007 by which SR.No.5510 of 2007 is rejected at SR stage and also protest petition in Crime No. 201 of 2007 is also dismissed.
7. As rightly pointed out by Advocate for second respondent this very petition is filed only to direct the Magistrate not to proceed with trial in CC.No.519 of 2011 during pendency of SR.No.5510 of 2007. But since SR.No.5510 of 2007 is already disposed of by common order dated 21/09/2013, this Criminal Petition has become infructuous, therefore, accordingly dismissed.
8. As a sequel, miscellaneous petition if any, pending in this Criminal Petition shall stand closed.
JUSTICE S. RAVI KUMAR .
12/09/2014
I s L
HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 1238 OF 2012 Circulation No. 81 Date: 12/09/2014 Court Master : I s L Computer No. 43