The High Court · 2025

1. The State of Telangana,, Rep. by its Public Prosecutor, High Court for the State of Telangana, High Court Buildings, Hyderabad.

2. Thaviti Mounika, W/o Suresh, Age. 25 Years, Occ. Pvt Employee, R/o Plot No.B, Gajji Pullaiah Nagar colony, Hayathnagar, R.R District- 501505

3. Ganji Satish, S/o Yadagiri, Age. 34 Years, Occ. Pvt Job, R/o. Plot No.OB, Gajji Pullaiah Nagar colony, Hayathnagar, R.R District 501505

4. Gan.ii Yadagiri,, S/o Sambaiah (Late), Age. 65 Years, Occ. Labour, R/o. H.No 'l-72 Karivirala village of Nadigudem Mandal, Nalgonda District- 508210 5. Ganji Padma,, Wo Ganji Yadagiri, Age. 58 Years, Occ. Labour,R/o. H.No. 1- 72 Yadagti, age of Nadigudem Mandai, Nalgonda District- 508210 ...Respondents Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the JCJ-Cum-XXIV Addl. Metropolitan Magistrate, Cyberabad At Hayathnagar to expeditiously dispose CC No.843 OF 2022 filed by the petitioner under Sec. 494,498 lPC, 156(3) CrPC on the file of the JCJ-Cum-XXIV Addl. Metropolitan Magistrate, Cyberabad At Hayathnagar filed by the petitioner for the directions as expeditiously as possible within a limited time frame This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri G DURGA CHARAN, Advocate for the Petitioner and the Public Prosecutor (TG) on behalf of the Respondent No. 1 and None appeared for the Respondent Nos.2 to 5. The Court made the following: ORDER -____-----_ I I l THE HONT'BLE SHRI JUSTICE ANIL KUMAR JUKANTI - CRIMINAL PETITION No.915 OF 2025 . ORDER: This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS) by petitioner/accused to direct the JCJ-cum-XXIV Additional Metropolitan Magistrate, Cyberabad at Hayathnaga_r, for expeditious disposal of C.C.No.B43 of 2022 on the file of the JCJ-cum-XXIV Additional Metropoiitan Magistiate, Cyberabad at Hayathnagar, within a limited time frame.

2. The matter came up on O3.O2.2O25 and was adjourned to O5.O2.2O25. On O5.O2.2O25, the matter was adjourned to I2.O2.2O25. Or:i 12.02.2025, the matter was adjourned to

19.02.2025. Today when the matter is ca_lled, there is no representation for the petitioner.

3. Main contention of learned counsel for petitioner was that this Court has ample power to secure the ends ofjustice and to prevcnt the abuse of process of any Court under Section 482 Cr .P.C. That a direction be given to the triat Court for expeditious disposal of the matter. That the matter 2 JAK, J Crl.P.No.9l5 2025 is pending on the hle JCJ-cum-XXIV Additional Metropolitan Magistrate, Cyberabad at Hayathnagar. Learned counsel further submitted that F.l.R.No.L2l of 2O22 catne to be Iodged on 07.O2.2O22 by the de facto complainant against the petitioner, charged with Sections 494,498 IPC and 156 (3) Cr.P.C. That charge sheet is filed. That a Maintenance Case in M.C.No.9S of 2O2l is pending. Petitioner seeks for expeditious disposal of the case by prescribing a time limit.

4. Learned Assistant Public Prosecutor for respondent No.1-State submitted that the proceedings a,re in progress in C.C.No.843 of 2022 and evidence is to be adduced before the trial Court, no interference is necessitated.

5. Heard learned Assistant Public for respondent No. 1- State. There is no representation for the petitioner.

6. F.I.R.No.121 of 2022 came to be registered by the de facto complainant and charge sheet is Iiled. This Criminal Petition is filed for expeditious disposal of C.C.No.B43 of 2022 on the file the JCJ-cum-XXIV Additional Metropolitan Magistrate, Cyberabad at Hayathnagar. Considered the J JAK, J Crl.P.No.9l5 2025 submissions of learned counsel for petitioner made ea-rlier, this Court is not inclined to issue a direction for expeditious disposal of the matter. 7 . The law is r,r,ell settled on issuance of directions for expeditious disposal of the matters pending before the trial Court. The Honble Apex Court in M. Gopalakrishnan & Others v. Pasumpon Muthuramaliugah & Anotherr held as follows: "... Looking to the nature of the order passed by the High Court, we are not inclined to grant ieave to appeal in this matter but feel impelled to observe that ordinarily, before passing arry such order for expeditious proceedings in a particular case (which might appear to be rather of innocuous nature), it would be appropriate for the higher Court to appreciate that any such order for one case, without cogent and extremely compelling reasons, might upset the calendar a:rd schedule of the subordinate Court; mighr result in assigning an unwarranted priority to that particular case over and above other cases pending in that Court; and progression of such other cases might suffer for no reason and none of the faults of thc litigants involved therein. Moreover, such petitions, even when moved before the higher Court, need to be examined from all angles. It has transpired in tl"e present matter that the said petition u,as {iled by the complainant wit}tout even joining the accused persons as parties and the High Court had passed the impugled order while being not informed of the other relevant facts, including penrlency of the revision petitions in the same High Court, as filed by the accused persons. ' sLe 1crl.;. Diarv No(s).30839 of202l I I I I 4 JAK, J Crl.P.No.9l5 2025 Having said so, we refrain from entertaining this petition lest there be other complications in the trial or in the pending matters but, it goes without saying that the said petitions, if pending in the High Court also deserve to be taken up for consideration expeditiously. We say no more."

8. In view of the law declared by the Hon,ble Apex Court in M. Gopalakrishnan (supra), there a_re no cogent and extremely compelling reasons made out for issuing a direction for expeditious disposal of C.C.No.843 of 2022 pending on the file of JCJ-cum-XXIV Additional Metropolitan Magistrate, Cyberabad at Hayathnagar. The Criminal Petition is devoid of merits.

9. For the reasons stated above, the Criminal petition is liable to be dismissed and is accordingly dismissed. Miscellaneous applications pending, il any, shall stand closed. 1 To, //TRUE COPY// Sd/- L. LAKSHMI BABU ASSI TANT REGISTRAR ECTION OFFICER 1'TheXX|VAddl.lvletropolitanMagistrate,CyberabadatHayathnagar'-. i. iiiE'sirt." H;se ofti;; u"viihnagai P6lice Station' Rachakonda Dist 5. d;"Cc'i; snr cbuncn cHARAN 4. Two CCs to the puotic p[#cli"l,"iigh C"rrt frirthe Siate of Telangana at 5. Two CD CoPies -Adv-ocate.[oPtlcl Hvderabad [OUT] SM .Aq' --*------,- -1 HIGH COURT DATED: 1910212025 ')' 19 ririr 2025

4.. . i) :t ._ | '".'i1 ORDER CRLP.No.915 of 2025 DISMISSING THE CRIMINAL PETITION { U