THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.6650 of 2007 Date of Order: 28-10-2010 Between: Syed Hasan ..Petitioner and State of A.P. rep. by P.P., High Court of A.P., Hyderabad and another. ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.6650 of 2007 Oral order: Petition under Section 482 Cr.P.C. is to direct the II Additional Metropolitan Sessions Judge, Hyderabad to stay the trial of S.C.No.432 of 2007 till the committal of the counter case arising out of Cr.No.28 of 2005 of Hussaini Alam Police Station, Hyderabad pending enquiry under Section 202 of the Code of Criminal Procedure (for short “Cr.P.C.”) before the Chief Metropolitan Magistrate, Hyderabad. According to the petitioner, charge sheet is filed in Cr.No.146 of 2004 by Hussaini Alam Police Station, registered for the offence under Sections 147, 148, 307 r/w 149 IPC and Section 25(A) of the Arms Act. On filing the charge sheet, the case was committed to Court of Sessions and the same is posted for trial on 21-11-2007. In the course of same transaction, petitioner received injuries at the hands of L.Ws.1 to 4 and he filed a private complaint on 28-01-2005, which was referred to the police for investigation under Section 156(3) Cr.P.C. The police registered the same as Cr.No.28 of 2005 against L.Ws.1 to 4 and three others for the offence punishable under Sections 148, 307, 149 and 109 IPC. Since the case and counter case have to be tried together, this Court on 08-10-2010 called for an explanation from the II Additional Metropolitan Sessions Judge, Hyderabad why necessary charges in S.C.No.432 of 2007 have not been famed though the stay granted in Crl.M.P.No.4983 of 2007 in Crl.P.No.6650 of 2007 has not been extended after January, 2008 onwards. In obedience to the said direction, the II Additional Metropolitan Sessions Judge, Hyderabad submitted his explanation on 21-10-2010 stating that in S.C.No.432 of 2007 necessary charges under Sections 148, 307 r/w 149 IPC have already been made against A1 to A5 on 29-10-2008 and posted the case for trial on 21-11-2007 but, in view of stay granted by the High Court, the trial schedule was cancelled. Meanwhile, the petitioner filed Transfer Criminal Petition No.101 of 2008 under Section 407 Cr.P.C. to withdraw the C.C.No.285 of 2008, arising out of Cr.No.28 of 2005, pending on the file of Chief Metropolitan Magistrate, Hyderabad and to transfer the same to the II Additional Metropolitan Sessions Judge, Hyderabad to try along with S.C.No.432 of 2007. The High Court by its order dated 17-06-2010 withdrawn C.C.No.285 of 2008 from the file of Chief Metropolitan Magistrate, Hyderabad and transferred to the Court of II Additional Metropolitan Sessions Judge, Hyderabad to be tried and disposed of along with S.C.No.432 of 2007 pending on its file. Pursuant to the said orders, C.C.No.285 of 2008 was transferred to the II Additional Metropolitan Sessions Judge, Hyderabad, which was received by the Court on 07-10- 2010, renumbered as C.C.No.1/2010 and posted for appearance of the accused on 21-10-2010. On which date, A1, A3, A4 and A6 were present and A5 was absent. Therefore, fresh summons were ordered to him. Since the grievance of the petitioner has already been redressed by withdrawing C.C.No.285 of 2008, arising out of Cr.No.28 of 2005, from the file of Chief Metropolitan Magistrate, Hyderabad and transferred to the Court of II Additional Metropolitan Sessions Judge, Hyderabad to be tried along with S.C.No.432 of 2007, no cause survives in the petition. The Criminal Petition is accordingly dismissed. The learned II Additional Metropolitan Sessions Judge, Hyderabad is directed to expedite the trial. _________________ A.GOPAL REDDY, J. 28-10-2010 Murthy