HONOURABLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No:6468 OF 2007 Dated: 11.11.2010 Between: 1. Mohd. Faizuddin ..Petitioner And 1. The State of A.P., and another. .. Respondents. This Court made the following HONOURABLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No:6468 OF 2007 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioner in PRC No.7 of 2007 on the file of the IX Additional Chief Metropolitan Magistrate, Hyderabad, for the offences under Sections 3(1)(x) (xi) and (xii) of SCs/STs (Prevention of Atrocities) Act, 1989 and Section 498-A IPC. On 5.11.2007, while issuing notice to the 2nd respondent- defacto complainant, this Court stayed the proceedings in the above PRC and the said order of interim stay was extended from time to time and finally on 25.1.2008, the same was extended by two weeks and thereafter, it has not been extended further. It appears even before this Court granted stay, the proceedings in the P.R.C have been proceeded with committing the case to the Court of Sessions and the same was numbered as Special S.C.No.16 of 2007 on the file of the VI Metropolitan Sessions Judge, Secunderabad. Since the stay order has not been extended on expiry of two weeks from 25.1.2008 and as the said Sessions case is pending due to pendency of these proceedings, on 28.10.2010, this Court directed the learned VI Metropolitan Sessions Judge, Secunderabad to proceed with the trial. On the same day, this Court also permitted the petitioner to serve notice on the 2nd respondent-defacto complainant and file proof of service. But, when the matter is taken up today, none represented the petitioner nor any proof of service of notice on the 2nd respondent- defacto-complainant has been filed. It is well settled that in the absence of defacto-complainant, the proceedings initiated against her cannot be quashed under section 482 Cr.P.C. Having regard to the fact that the petitioner has not taken any steps to secure the presence of the defacto-complainant and in the absence of any proof of service of notice on the 2nd respondent- defacto-complainant, the proceedings in question cannot be quashed. Accordingly, the Criminal Petition is dismissed. Registry is directed to communicate the order to the learned VI Metropolitan Sessions Judge, Secunderabad forthwith. ________________________ Justice A. Gopal Reddy Date: 11th November, 2010 Nn. HONOURABLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No:6468 OF 2007 11.11.2010