| |
CDJ 2026 APHC 1420
|
| Court : High Court of Andhra Pradesh |
| Case No : Criminal Petition No. 6011 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE MAHESWARA RAO KUNCHEAM |
| Parties : Govindu Jayamma Versus The State of Andhra Pradesh, Rep.by Public Prosecutor, High Court at Amaravathi. |
| Appearing Advocates : For the Petitioners: MD. Saleem, Advocate. For the Respondents: Public Prosecutor. |
| Date of Judgment : 04-08-2026 |
| Head Note :- |
Dowry Prohibition Act, 1961 - Sections 3 & 4 -
|
| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Section 437 of Cr.P.C
- Section 438 of Cr.P.C
- Section 439 of Cr.P.C
- Section 482 of Cr.P.C
- Section 528 of BNSS
- Section 528 of the BNSS 2023
- Section 498A IPC
- Sections 3 of the Dowry Prohibition Act, 1961
- Sections 4 of the Dowry Prohibition Act, 1961
- Article 21 of the Constitution of India
- Article 226 of the Constitution of India
- Bharatiya Nagarik Suraksha Sanhita, 2023
2. Catch Words:
- speedy trial
- quash
- stay
- Article 21
- inherent powers
3. Summary:
The petitioners filed a criminal petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash proceedings in C.C. No. 307 of 2024 concerning offences under Section 498A IPC and the Dowry Prohibition Act. They argued that the de‑facto complainant’s non‑appearance was causing hardship and delay. The High Court referred to the Supreme Court’s decision in Kailash Chandra Kapri v. State of Uttar Pradesh, emphasizing the constitutional right to a speedy trial under Article 21. Accordingly, the Court directed the trial court to dispose of the case within six months and submit a report. All interlocutory applications were ordered closed. The criminal petition was disposed of without granting the relief sought.
4. Conclusion:
Petition Dismissed |
| Judgment :- |
|
(Prayer: Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court Pleased to call for the records pertaining to and in connection with in CC No. 307 of 2024 on the file of the court of the Special Judicial Magistrate of I Class for Railways, Guntur, Guntur District, and quash the same in so far as petitioners are concerned and pass
IA NO: 1 OF 2026
Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with filing of Certified copy of Charge sheet in connection with CC No. 307 of 2024 the file of the court of the Special Judicial Magistrate of I Class for Railways, Guntur, Guntur District pending disposal of the Criminal Petition before this Hon’ble Court, and pass
IA NO: 2 OF 2026
Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including appearance of the petitioners in CC No. 307 of 2024 on the file of the court of the Special Judicial Magistrate of I Class for Railways, Guntur, Guntur District, pending disposal of the Criminal Petition before Hon'ble Court and pass)
1. Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the petitioners herein (A2 to A8), seeking to quash the proceedings in C.C.No.307 of 2024 (earlier C.C.No.1432 of 2019) on the file of the Court of the Special Judicial Magistrate of I Class for Railways, Guntur District, for the offence punishable under Section 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor representing the State and perused the material available on record.
3. Learned counsel for the petitioners submits that despite specific directions from the trial Court, respondent No.2 (de facto Complainant) is not turning up to the Court so as to depose the evidence. As such, he restricted his prayer to the extent of granting a direction to the trial Court to dispose of the CC No.307 of 2024 as expeditiously as possible. He also asserts that in view of the non-attendance of the 2nd respondent leads to multifarious problems i.e., physically and physiologically to the petitioners and their family members too.
4. The Hon’ble Apex Court in Kailash Chandra Kapri Vs. State of Uttar Pradesh & others (2026 LiveLaw (SC) 487) at paragraph No.15 held as under:
“15. The Right to have a speedy trial is one of the requirements of Article 21 of the Constitution irrespective of the fact whether the accused is in jail or on bail and furthermore irrespective of the nature of the crime. This speedy trial is one of the requirements of Article 21 of the Constitution and from the facts and circumstances of a given case if the High court finds that the proceeding if allowed to continue will amount to violation of Article 21 of the Constitution then the High court should not hesitate to exercise its inherent powers under Section528 of the BNSS 2023 or in exercise of its writ jurisdiction under Article 226 of the Constitution.”
5. The right to speedy Trial disposal is one of the facets of the fundamental right guaranteed under Article 21 of the Constitution of India.
6. Considering the above facts and circumstances of the case and in view of the fact that right to get speedy trial is an integral part of Article 21 of the Constitution of India and the same was vividly reiterated by the Hon’ble Apex Court, learned trial Court, is directed to dispose of the case in C.C.No.307 of 2024 as expeditiously as possible, preferably within a period of six (06) months, from the date of receipt of copy of this Order and submit a Report to that effect to the Registrar (Judicial), High Court of Andhra Pradesh.
7. In the result, the Criminal Petition is disposed of.
Interlocutory applications, if any, pending shall stand closed.
|
| |
