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2024 Supreme(Online)(TEL) 2296

HIGH COURT OF TELANGANA
E. V. VENUGOPAL, J
Azam Khan – Appellant
Versus
Ayesga Fatima – Respondent


ORDER

This Criminal Revision Case is filed seeking to set aside the order dated 26.03.2015 in M.C.No.206 of 2013 in O.P.No.852 of 2013 on the file of the learned Judge, Additional Family Court, at Hyderabad (for short, “the trial Court”).

2. No representation on behalf of the petitioner. Heard Mr. Vizarath Ali, learned Assistant Public Prosecutor appearing for respondent No.3 State.

3. There is no representation on behalf of the petitioner. Hence, this Court is inclined to proceed with the matter on merits of the case as per the decision of the Hon’ble Apex Court in “Bani Singh and others Vs. State of Uttar Pradesh 1 ”, wherein it was categorically held that the High Court cannot dismiss any appeal for non-prosecution simpliciter without examining the merits.

4. The brief facts of the case are that the marriage between petitioner and his wife was performed on 27.07.2006 at Mehdi Function Hall, Chanchalguda, Hyderabad. The unofficial respondent Nos.1 and 2 are the minor daughters of the

1 (1996) 4 Supreme Court Cases 720

petitioner. The petitioner and his relatives harassed the mother of unofficial respondents physically and menta

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