High Court · 2025

Petition under Section 528 of BNSS' prayil8 that in the circymltanles stated in the Memorandum .iir"r"a, or crirninit ?"etition, the High Court may be oleased to call for tt" .".o".1'r-."iuti.rg to the order dated,04/04/2025 returned the Section 309 Cr'P C' seeking i025 "'d"t letition Crl.MP.SR'No' ffi:::lJii;;',h"';,;i do" to th" pendency of the Crr.R.C.No.256l2025 on the filc of the I ligh Court tor the State of T"luttg'n'' Hvderabad with endorscment as "Returnecl Endorsement'ft' f'lJ"t"rnable- L CRL'IvIP'SR' No 598 of 2025 in CC Trial of file of Principal speciat Judgc .tor No. 03 oi 2011 dated oi.oi'zoN "^the direct the Ld Principal Special Judge For SPE antl ACB Cases- ti;i";;;;J 'nd to decide the petition Crt MP SR'No 598 trial of SPE and ACB d;;yatt"U"a of zo25 u.der section ffiC...,peseeking adjournment of the triat clue to the r.rendencv of ,n" Crt.n.Clio .ZSi/'ZOZSon tte f;leof the High Court for the State of i"lunguno, HYderabad on merits' I.A. NO: 2 OF 2025 Petition under Section 528 of BNSS pray]n-g that in the circutnstances stated itoolra' of Crimlnal i"titlo"' the High Court mav be in the Memorandum "t pleased to grant stay of Jl;;ih"t proceedings CRL'MP SR'No 598 of 2025 in CC irlo. 03 of 2011 o., tn" fii" oiin" fti"tipuf Special Judge for'trial of SPE & ACB I his Pt'tition coming on for hearing' uPol perusing thc N'lemorantlunr of Crountls o[ Crirninal r'"tiii?''t and upon heiring the argumt'nts o[ Sri V V Ramana' Aclvocatc for the P"ti;;;;; u"d th" Public Prolecutor on ht'half of the Cases- HYdcrabad' Res p-ronden t. 'lhe Court tnatle the fotlowing: ORDER .)' A'1-':::i " { ': i. .;:::ri ?l .4. .' . ,;/ ,,/ ORDER: 1 THE HCNOURABLE SRIJUSTICE N. TUKARAIUI.'t o TIMINAL PETITION No.S 351 of 2025 This petitron is filed under Section 52g of Etharatiya Nagarik Suraksha Szrnhit:r, ZO23 (for short ,BNSS, 2023') with a prayer to quash the directi.n of the trial Court in Crl.M.p.SR l\o.S9g f 2O2S in C.C.No.O3 ol ?"011 on the file of the learned principal Sper:ial Judge for Trial of SPE irrcl ACB Cases, Hyderabad.

2. Heard Mr,r/\/.Ramana, leamed counsel for pr:titione.._accused officer, Mr.K Rarashekar, learned counsel represe,ntingr rilr.T.Bala Mohan Reddy, lea-ned Standing Counsel for respondernt_ArlEr.

3. The petition:r is Accused Officer'No.1 for ther chspgps u.6., Sections 7, B 13(',Zt r/w 13(1) (d) of the prevention of Cor.uption Act, 1988 and undr:r Sr,ection 1 2 of the Act. 4' Learned ccu'rser for the petitioner submits that cruring pendency of the proceecringr; the prosecution has fired crl.M.p.r\o.5 of 2o2s ro receive certairr d,c,;rrments and the rearned triar co.rrr ailowed the petition by o.der dated 03.03.2025. Challenging the orrJer, the petitioner preferrrecr revision vide crr.R.c.No.256 of 201r.5 <>rr ilre fire of this cou( and th* same is pending. rn the meantime,, the petitioner .' ) NTR,J CRL.P.No.535l of2025 filed the impugned petition under Section 3Og of Cr.p.C seeking adjournment of trial proceedings, pending the revision case. The trial Cou( Vide order dated 04.04.2025 by observing that it has no jurisdiction to adjourn or suspend further proceedings till the disposal of the criminal revision and the petitioner would be at liberty to file stay petition in the revision petition, returned the petition.

5. The sole grievance of petitioner is that though the provision under Section 309 of Cr.P.C grants jurisdiction to postpone or adjourn the proceedings by the concerned Court, without even numbering the petition muchless exercising the jurisdiction simply returned the petition which is improper and unsustainable.

6. Learned Standing Counsel for .the respondent-ACB would submit that the prayer of the petition cannot be considered under Section 309 of Cr.P.C, hence, returning the petition was proper. He further pleads that as the petition itself is not numbered and returned, the course open for the petitioner would be resubmission with explanation and the Court upon considering the merits may pass appropriate order. Thus, no intervention is required in this matter.

7. Have perused the malerials on record. /. ) J NTR,J (R, P.No.535l of2025 8. The rretitirln is filed under Section 309 of Cr.P.C and the same has been 'etu!'ned by the Court without any enclorsement seeking explanation or r-.submission. Section 309 of Cr.P.O conte'nplates the power of tlr-^ (.1:ourt to postpone or adjourn the prclceeclings. Though there is dir,-rctio,t that the trial proceedings are to be ccntinued from day to day. tire jurisdiction is reserved to the Court ccncerned to adjourn the, sarte for the reasons to be recorded. Tha. being the position, de,cla"irrg to number the petition recordinl; the observations as to the jrrrisdi:tion under the referred provision would be ex-facie improper ers tt e Court by misconceiving jurisdiction made an endeavour 1o cr rsider the merit of the petition even without numbering it. ln the gir.,en crrcumstance, the proper course should lte numbering the petition anrl rpon hearing the submissions passing an appropriate order. For trat r,:ason, this Court finds that the order r:f re,turning the petition is unsu:;1 ainable.

9. Thus the rr0prrgned endorsement "returned" and the petition vide Crl.M.P (SR) No 59B of 2025 in C C.No.03 of 2011 is set aside and the petitioner is rlirer led to resubmit the returned petitiolr beforr:r the court concerned urithrn seven (7) days from the date of receipt of c;opy of this order, wher,:up:or. the Court is directed to numbe. the pr-.tition and after hearing to plss an appropriate order in accordarce witr law. 4 NTR.J CRL.P No.535l of2025

10. With this observation, this Criminal Petition is disposed of. Miscellaneous petitions, pending if any, shall stand closed //TRUECOPY/ / SD/- MOHD. ISMAIL o PUTY REGISTRAR /'. ONOFFICER To,

1. The Principal Speciat Judge for Trial of SPE & ACB Cases- i. O." CC to'Sri \).V.Ramaria, Advocale-[gPU^C], ;. on; CC io S.i r.Sula Mohan Reddy (SC for ACB' SPL Publi Hyderabad. c Prosecutor, TS) loPUCl

4. Two CD CoPies. PSNR/gh HIGHCOURT DATED:23/04/2C25 ORDER CRLP.No.5351. of 2025 Disposing of the Crim ina I I t:tition. / /D /t 5 / ::=:: \ l,r rE _) S \c) u) o t t I:'l i rrr:i ',-.. l i. r?r .t E /,/.t