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2026 Supreme(Online)(Tel) 13399
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J. Sreenivas Rao, J
Oruganti Krishnamraju – Appellant
Versus
State of Telangana – Respondent
CRIMINAL PETITION No.5681 of 2026
For the Appellants/Petitioners: M. Rathan Singh
For the Respondents: Jithender Rao Veeramalla
The court directed the trial court to expeditiously dispose of a pending discharge application under Section 239 Cr.P.C. instead of quashing the proceedings in a criminal petition.
Headnote:(A) Criminal Procedure - Quashing of Proceedings - Pendency of Discharge Application - Where a discharge application under Section 239 Cr.P.C. is already pending before the trial court, the High Court may direct the trial court to dispose of such application expeditiously rather than quashing the proceedings. (Para 5, 6)
Issues: Whether the proceedings should be quashed or the pending discharge application should be disposed of by the trial court.
ORDER
This Criminal Petition has been filed by the petitioners/accused Nos.1 and 2 seeking to quash the proceedings in C.C.No.102 of 2020, on the file of the II Additional Judicial Magistrate of First Class at Malkajgiri.
Heard Mr.M.Rathan Singh, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1.
Learned counsel for the petitioners submitted that the petitioners have filed an application vide Crl.M.P.No.1759 of 2022 in C.C.No.102 of 2020 invoking the provisions under Section 239 of the Cr.P.C., seeking discharge and the said application has been pending since the year 2022. The learned trial Court has been adjourning the said application from time to time without assigning any reasons, especially valid reasons.
In support of his contention, the learned counsel has placed on record the e-Courts proceedings for the period from 04.07.2024 to 08.10.2025.
Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it reveals that though the petitioners have filed the present criminal petition seeking to quash the proceedings in C.C.No.102 of 2020, the record discloses that the petitioners had already approached the trial Court and filed an application vide Crl.M.P.No.1759 of 2022 seeking discharge in C.C.No.102 of 2020 as early as in the year 2022. The e-Courts proceedings reveal that the said application is still pending before the learned trial Court and is being adjourned from time to time.
Taking into consideration the peculiar facts and circumstances of the case, the learned II Additional Judicial Magistrate of First Class at Malkajgiri is directed to dispose of the application, namely Crl.M.P.No.1759 of 2022, filed by the petitioners, in accordance with law, as expeditiously as possible, preferably within a period of one (01) month from the date of receipt of a copy of this order, by giving an opportunity of hearing to the parties.
With the above direction, the Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
