IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TEN :PRESENT: THE HON'BLE SRI JUSTICE: A. GOPAL REDDY CRL.P.No.6468 of 2007 Between: Mohd. Faizuddin, S/o. Fakhir Mohammed, Petitioner/Accused No.3 AND 1. The State of A.P., rep.by its Public Prosecutor, A.P. High Court Buildings, Hyderabad 2. Smt. S. Karuna, W/o. Tajuddin, R/o. H.No.1-4-35/A/31D, Ranga Nagar, Musheerabad, Hyderabad Respondents Petition under Section 482 praying that in the circumstances stated in the memorandum of grounds filed herein, the High Court may be pleased to call for the records relating to PRC.No.7 of 2007 on the file of the Court of IX Addl. Chief Metropolitan Magistrate, Hyderabad and quash the same against the petitioner/accused No.3. The petition coming on for hearing, upon perusing the memorandum of grounds filed herein and the order of the High Court dated 5-11-2007. 24-12-2007 & 25-1-2008 made herein and upon hearing the arguments of Sri. Mohd. Moin Ahmed Quadri, Advocate for the Petitioner and of the Public Prosecutor for the Respondent, the Court made the following. ORDER: “In this case, petitioner seeks to quash the proceedings in P.R.C.No.7 of 2007 pending on the file of IX Additional Chief Metropolitan Magistrate, Hyderabad. Later the PRC was committed to Court of Sessions and renumbered as Special S.C.No.16 of 2007 on the file of VI Metropolitan Sessions Judge, Secunderabad and pending for trial. This Court initially stayed the proceedings in P.R.C.No.7 of 2007 and it was extended by two weeks finally on 25-01-2008 and thereafter the same has not been extended. For enabling the petitioner to serve the 2nd respondent/de- facto complainant, this court on 08-10-2010 permitted the counsel for the petitioner to take out personal notice to the 2nd respondent and file proof of service, but so far the learned counsel for the petitioner has not filed any proof of service. 2 Since the stay has not been extended on expiry of two weeks from 25-01-2008, there is no bar for the VI Metropolitan Sessions Judge, Secunderabad to proceed with the trial in Special S.C.No.16 of 2007. In view of the same, the VI Metropolitan Sessions Judge, Secunderabad is directed to proceed with the trial. Post the Criminal Petition for final hearing immediately after proof of service is filed.” ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To 1. The VI Metropolitan Sessions Judge, Secunderabad (BY SPL.MESSENGER) 2. The IX Addl. Chief Metropolitan Magistrate, Hyderabad 3. Smt. S. Karuna, W/o. Tajuddin, R/o. H.No.1-4-35/A/31D, Ranga Nagar, Musheerabad, Hyderabad 4. Two CCs to Public Prosecutor, High Court of A.P., Hdyerbaad (OUT) 5. One CC to Sri. Mohd. Moin Ahmed Quadri, Advocate (OPUC) 6. One Spare copy KK HIGH COURT AGRJ DT. 28-10-2010 NOTE: POST THE CRL.PETITION FOR FINAL HEARING IMMEDIATELY AFTER PROOF OF SERVICE IS FILED ORDEDR CRR.P. NO.6468 OF 2007 DIRECTION Drafted by: KK Drafted on: 30-10-2010 HIGH COURT AGRJ DT. 28-10-2010 NOTE: POST THE CRL.PETITION FOR FINAL HEARING IMMEDIATELY AFTER PROOF OF SERVICE IS FILED ORDEDR CRR.P. NO.6468 OF 2007 DIRECTION