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Judgment
This Criminal petition is filed by the petitioner/ accused Nos.1 and 2 to quash the proceedings in C.C. No.762 of 2020 on the file of leaned Principal Civil Judge (Junior Division) – Cum - Judicial First Class Magistrate, Machilipatnam, for the offences under Sections 420, 509, 506 read with Section 34 IPC.
During the course of arguments, learned counsel for the petitioners submitted that as per the version of prosecution, on 07.02.2020, petitioner/ accused No.1 purchased five stamp papers worth Rs.100/- each in the name of LW.2/Ramisetty Bhuvaneswari, however, he was on duty on 07.02.2020 and to substantiate the said version, he filed certificate dated 27.02.2020 issued by the TATA Group, certifying that the petitioner/ accused No.1 who was employed as an Air India Pilot was on duty from 05.02.2020 to 14.02.2020.
Learned Assistant Public Prosecutor submitted that they addressed a letter to the concerned authorities of Air India so as to know the genuineness of the certificate dated 27.02.2026 and so far, they have not received any instructions and on the other hand, learned counsel for the petitioners further would submit that they also filed affidavit issued by the Executive Director and HR, Air India, stating that the certificate dated 27.02.2026 issued in favour of the petitioner/ accused No.1 is genuine.
The Crime is of the year 2020 and after completion of investigation, the Investigating Officer filed charge sheet in C.C. No.762 of 2020 of the offences under Sections 420, 354-A, 509, 506 read with Section 34 IPC and the same is registered by the Judicial Magistrate of First Class-cum- Principal Civil Judge (Junior Division), Machilipatnam. Feeling aggrieved by the proceedings in C.C. No.762 of 2020, petitioners who are accused Nos.1 and 2 herein filed the instant criminal petition and this Court granted stay of all further proceedings in C.C. No.762 of 2020 on the file of Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Machilipatnam, Krishna District against the petitioners, vide order dated 20.07.2021.
Learned counsel for the petitioners finally would submit that since the crime is of the year 2020 and since petitioner/ accused No.1 filed certificate showing his presence elsewhere as on the date of purchase of alleged stamp papers, this Criminal Petition may be disposed of with a direction to the trial Court to dispose of the matter within a stipulated period. Learned counsel for the respondent No.2 and learned Assistant Public Prosecutor fairly conceded to dispose of this petition with that direction.
Admittedly, this is more than five year old matter and as per the circular instructions of the High Court on administrative side vide Roc.No.559/OP Cell-E/2022, dt.20.10.2022, Roc.No.560/OP Cell/2022, dt.23.11.2022, and Roc.No.101/OP Cell/2023, dt.12.10.2023, more than five years cases shall be disposed of as expeditiously as possible, however, in view of stay of all further proceedings, the learned trial Court could not proceed further so as to complete trial.
In the given facts and circumstances of the case and in view of pendency on the file of Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Machilipatnam, Krishna District, it is not proper to fix a specific time frame to dispose of the matter, however, without touching the merits of the case, this Court is of the considered view that this Criminal Petition may be disposed of with a direction to the trial Court to dispose of the matter as expeditiously as possible.
In the result, this Criminal Petition is disposed of, and the learned Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Machilipatnam, Krishna District is directed to take the matter, atleast once in a week and dispose of the case in C.C. No.762 of 2020 as expeditiously as possible.
As a sequel thereto, pending miscellaneous petitions, if any, shall stand closed.