THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.5588 OF 2022

O R D E R:

This Criminal Petition is filed under Section 482 of Cr.P.C., by the petitioner/respondent/accused, seeking to quash the order dated 14.06.2022 in Crl.M.P.No.215 of 2022 in C.C.No.282 of 2018 on the file of Junior Civil Judge-cum-

Judicial Magistrate of First Class, Metpally.

2. Heard learned counsel appearing on behalf of the petitioner and learned Assistant Public Prosecutor for respondent No.2/State. No representation on behalf of unofficial respondent. Perused the record.

3. The brief facts of the case are that the complainant filed a case in C.C.No.282 of 2018 against the accused for the offence under Section 138 of Negotiable Instruments Act, 1881, and the same was posted for examination of accused. The complainant died on 23.06.2021 by leaving behind his legally wedded wife by name Mulukala Swathi, as his legal heir and it was necessary to bring the legal heir of the deceased complainant on record as complainant No.2 for better adjudication of the matter, as such proposed complainant filed Crl.M.P.No.215 of 2022 in C.C.No.282 of 2018, seeking to bring her on record as legal heir of the deceased complainant. After hearing both sides, the trial Court allowed the petition. Assailing the same, the present Criminal Petition.

4. Learned counsel for the petitioner contended that the deceased complainant died by leaving behind his parents and his sister as his legal heirs but not the respondent/proposed complainant. He further contended that the proposed complainant obtained customary divorce from the deceased complainant and she had been residing with her parents and after the death of the deceased complainant, the proposed complainant filed D.V.C.No.42 of 2021 against the parents and sister of the deceased complainant. He further contended that the respondent/proposed complainant does not have locus to file petition seeking to bring her on record as legal heir of the deceased complainant as she suppressed the material facts and misleading this Court without including the parents and sister of the deceased complainant as legal heirs. Therefore, he seeks to allow the Criminal Petition.

5. Learned Assistant Public Prosecutor contended that after hearing both sides and after appreciating the material on record the trial Court rightly passed the impugned order and interference of this Court at this stage is unwarranted.

Therefore, he seeks to dismiss the Criminal Petition.

6. A perusal of record reveals that this Court vide order dated 29.06.2022 permitted the petitioner herein to take out personal notice to respondent/proposed complainant but as on today no record to that extent is filed into the Registry. This matter is pending for 2½ years, as such the learned counsel for the petitioner seeks to adjudicate the matter on merits.

7. Having heard the learned counsel for the petitioner and learned Assistant Public Prosecutor and after perusing the material available on record, this Court is of the considered view that the subject matter has to be decided by the learned trial Court itself that whether the legal heirs of the deceased complainant have any locus, as such this Court deems it appropriate to remand the case to the trial Court and the petitioner is directed to file an application raising his objection and upon such filing, the learned trial Court is directed to dispose of the case after all the legal heirs of the deceased complainant on notice.

8. With the above observation, the Criminal Petition is disposed of.

Miscellaneous applications pending, if any, shall stand closed.

_______________________

E.V. VENUGOPAL, J Date:25.02.2025.

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2901 THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.5588 OF 2022 Dt.25.02.2025 krl