Telangana High Court
Late Syeda Rafat Zamani Died Per Lr vs The State Of Telangana on 19 November, 2020
Author: K. Lakshman
Bench: K. Lakshman
HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.5758 OF 2020
ORDER:
This application is filed seeking an appropriate order and a direction in Crime No.419 of 2009 pending on the file of learned V Additional Metropolitan Magistrate cum V Additional Junior Civil Judge, Ranga Reddy District at L.B. Nagar.
2. Heard Ms. Asma Raheem, learned counsel for the petitioner, and learned Assistant Public Prosecutor for the State. Perused the record.
3. Late Syeda Rafat Zamani lodged a complaint with Station House Officer, Pahadishareef Police Station, Ranga Reddy District, against the accused for the offences punishable under Sections 447, 427 and 506 of the Indian penal Code, 1860. The police have registered a case in Crime No.419 of 2009 for the aforesaid offences. After completion of investigation, the police have filed final report stating that the allegations made against the accused therein are civil in nature. Thereafter, the de facto complainant has filed protest application. The learned Magistrate without deciding the protest application, took cognizance of the final report vide C.C. No.367 of 2012. Accused therein have filed an application under Section 482 of Code of Criminal Procedure, 1973, vide Criminal Petition No.4472 of 2013 seeking to quash the proceedings in C.C. No.367 of 2012. 2 This Court disposed of Criminal Petition No.4472 of 2013 vide order dated 25.01.2019 with the following directions:
"Having regard to the above and in the result, the Criminal Petition is allowed only to the extent of setting aside the cognizance order of the learned Magistrate and the matter is remanded back to the lower Court to restore the protest application to file and if at all by the time the protest application filed, police final report of civil nature not accepted, learned Magistrate by virtue of this order is also directed to refer the matter with necessary documents of the defacto complainant also to the police for further investigation as to the state of things as on the date of the alleged offence, uninfluenced by subsequent documents so as to who were in possession and what was the crop and whether there was really any trespass and mischief and to file further final report. If at all that referred report of civil nature accepted by the learned Magistrate before filing of the protest petition, as he became functus officio to reopen the accepted final report of the civil nature to order further investigation, he has to proceed as a private complaint procedure on the protest petition as the only remedy under Section 200 to 204 read with 190 Cr.P.C. and thus by virtue of this order to permit the defacto complainant to adduce pre- cognizance further induce with the document also for recording the statement further of defacto complainant and witnesses if any."3
4. The learned counsel for the petitioner would submit that though the crime was registered in the year 2009 and this Court passed the order on 25.01.2019, the trial Court is not proceeding with the matter in compliance of the order of this Court. Therefore, the petitioner is seeking a direction to the learned Magistrate to comply with the said order by fixing some timeframe.
5. The above aspects would reveal that the complaint was lodged in the year 2009. Cognizance on the protest application was taken in the year 2012. This Court has disposed of Criminal Petition No.4472 of 2013 on 25.01.2019 with the aforementioned directions.
6. The learned counsel for the petitioner would submit that the matter is being adjourned from time to time on various grounds for various reasons.
7. Considering the above aspects and also the fact that the crime is of 2009 and this Court disposed of quash petition filed by the accused on 25.01.2019, this Criminal Petition is disposed of directing the learned V Additional Metropolitan Magistrate cum V Additional Junior Civil Judge, Ranga Reddy District at L.B. Nagar to comply with the directions of this Court dated 25.01.2019 in Criminal Petition No.4472 of 2013 as expeditiously as possible preferably within a period of six (6) months from the date of receipt of a copy of this order.
4
As a sequel thereto, miscellaneous petitions, if any, pending in the criminal petition stand closed.
_________________ K. LAKSHMAN, J November 19, 2020.
PV