The High Court · 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of implementation of the impugned order EX P2 dated 0211212024 pending the Writ Petition in the interest of justice. l.A.NO:3 oF 2024 Between: C-! Rakqslr, S/o. Mr ph., Rajliah,-fo_ed about 44 years, Occ ; Chief public relations officer, IRTS (lndian Railway Traffic-Service), resiling dt quarte,r f.fo.'OOOlf , L"n."t Colony, Railway officers eu-arters, Secundeiabad. r -vr YYY' !r Ee 'r v AND ....PETITI0NER/RESPONDENT Vr P. Mounika, D/9, Qf p. Pvt emptoyee, R/o.hfJ. No. 2-2-1 losist7, Titak Nagar, New t[attil;ta Hv6"oO"o. f!iygpg_a,_I(g Ch. Rakesh, hged about 34 years, Occ. ..... RES PO NDENT/PETITION E R Petition Undbf Section 151 CPC praying that in the cirr;umstances stated in the affidavit filed in;-11Ruoit of the petition, the High court may be pteased to vacate the lnterim Order dated 05.O2.2024 made in W.P.No.34465 of 2024 and thereby dismiss the Petition with an exemplary costs. Counsel for the Petitioner : SMT ANITA AHUJA counsel for the Respondents : sRt DHARMESH D.K.JAlswAL The Court made the following ORDER il: ii ', ..il.. -- i n ORDER THE HON'BLE SRI JUSTICE B. VIJAYSEN R.EDDY The writ petition is filed seeking a writ of Mandamus to declare the impugned order dated OZ..LZ:ZOZ4 passed in Crl.MP.No.592 of 2024 in DVC.No.278 of 2024 by the III Judicial Magistrate of First class, Integrated courts, Hyderabad, as arblffary and opposed to principles of naturaljustice.

2. Heard smt. Anita Ahuja, learned counsel for the petitioner and Mr. Dharmesh K. Jaiswal, learned counsel for the respondent.

3. Learned counsel for the respondent submitted that the writ petition is not maintainable, as the writ petition is filed without submitting full text of the impugned order dated oz.Lz.zoz4 and a writ petition cannot be filed under Article 227 of the Constitution of India.

4. Learned counsel for the petitioner submitted that the impugned order dated o2.L2.2o24 is passed without affording oppoftunity of filing counter to the petitioner, respondent in the DVc. It is submitted that when serious allegations are made against the petitioner and call Data Record (cDR) is cailed for, it was incumbent on the learned Magistrate court to give sufficient , );' t\ / r' 2 opportunity to the petitioner to defend the ap,plication in Crl.MP.No.592 of 2024.

5. According to the rearned counser for the respondernt, both the counser were given reasonabre opportunity to submit their arguments. Though counter was not fired by the petitioner. on request made by the respondent that cDR wiil be maintained only for a period of two (z) years, the order impugned iated o2.L2.2o24 was passed by the triar court and there is no iilegarity in the impugned order. Learned counser further submitted that the cDR was directed to be produced by the Bharathi ,-ere Media Limited in a sealed cover. 6' Learned counsel for the petitioner submitted that the counsel appearing for the petitioner before the triar court did not appear when the matter was cailed before the triar court and the ailegation that full text of the order was not fired is incorrect. In view of the urgency, the order copy, which was noted by the party, was fired before this court. Even assuming that there is any incons;istency in filing full text of the impugned order, the same was neither deliberate nor intentional.

7. This court passed interim order dated 05.L2.2024 and thereafter, personally interacted with the parties. As seen from the docket proceedings, several opportunities were given to the parties .-- --' I ) to settle the matter. The parties appeared in person on several occasions. However, there was no amicable settlement between the pafties.

8. As the matter has been pending before this court for armost one year and considering the grievance of the petitioner, on the limited ground of the petitioner not being given sufficient time to be heard and for filing counter; the order dated 02.L2.2o24 passed in Crl.MP.No.592 of 2024 in DVC.No.278 of ZOZ4 by the III Judicial Magistrate of First class, Integrated courts, Hyderabad, is set aside. The petitioner shall filed counter in crl.Mp.No.592 of 2024 in DVC.No.278 of 2024 within a period of two (2) weeks from the date of receipt of a copy of this order. on such counter, being filed, the III Judicial Magistrate of First class, Integrated courts, Hyderabad, shall pass orders within a period of three (3) weeks thereafter. The writ petition is allowed. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. iu.'- I ,: i i, /ffRUE COPY// t- ' i .lr.i .i ,:i , To

1. 2. 3. SA PMK One CC to SMT. One CC to SRI D Two CD CoPieP r.1r:.i i'r" :t ANITA AHUJA, HARMESH D.K D d' -P.PONNA KRISHNA STANT SECTION OFFICER loPucl , ? C.C. TODAY .1HE S , tr, tl i ilE[ Uffi {- r) 'i,J ( * HIGH COURT DATED:2Bt11t2O2S ORDER WP.No.3446S of 2024 ALLOWING THEW;P WITHOUT COSffi... I 5