STATE Vs. JERUSALEM MATHAI AND ORS.

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 482 of the Code of Criminal Procedure (for short, 'the Cr.P.C.') by the petitioner/A4 (Jerusalem Mathai, S/o Janaiah) out of five accused in Crime No. 11/ACB -CR/2015 of Anti Corruption Bureau Police Station, City Range -I, Hyderabad, registered on the report of one Elvis Stephenson, seeking to quash the proceedings in the above crime.

(2.) A memo is filed in this Criminal Petition by the learned Special Public Prosecutor -cum -Standing Counsel for A.C.B., Telangana, for the petitioner stating that the Criminal Petition is filed seeking to quash the proceedings in Crime No. 11/ACB -CR/2015, dated 31.05.2015 on the file of Principal Special Judge for SPE & ACB Cases at Hyderabad and while pending the same, the ACB investigated the matter and filed charge sheet before said Court on 28.07.2015 and in view of the same, this Criminal Petition has become infructuous.

(3.) This Court, when the matter came up for hearing along with Crl.M.P. No. 5527 of 2015 for interim protection, after hearing the learned counsel for the quash petitioner and the learned Advocate General representing the State of Telangana for learned Standing Counsel for the Anti Corruption Bureau (for short 'A.C.B.') Cases and before notice to the de facto complainant, passed the order dated 18.06.2015 by posting the matter to 24.06.2015 (sic) as clarified. It is while so, the de facto complainant, who is 2nd respondent to the quash Crl.P. No. 5520 of 2015 filed recuse application in Crl.M.P. No. 5823 of 2015 and after hearing at length of the parties, this Court passed elaborate order dated 29.06.2015 running nearly 63 pages dismissing their recusal and for action against the de facto complainant under Sec. 14 of the Contempt of Courts Act and to conduct the proceedings with audio and video coverage by confining the permission under Sec. 327(1) proviso to Cr.P.C. to attend in the Court hall only those advocates on record and the Senior Counsel, with required assistants on permission and the learned Advocate General for the State of Telangana besides the Public Prosecutor concerned and the parties concerned without entry to others, while making clear of the Court is going to hear further by requesting parties and the learned counsel concerned to cooperate for fair hearing and impartial disposal. It was directed to place the matter before the Hon'ble the Chief Justice for necessary permission with also observation that the Hon'ble the Chief Justice if at all can withdraw the matter before this Bench and can post to another Bench. Pursuant to which, subsequently, there was a specific direction, the Hon'ble the Chief Justice on the administrative side as per the observation in the order posting the matter only before this Court to decide. This Court there from after receiving the order, fixed the date of hearing further of this matter. It was on 06.11.2015 the date fixed for hearing pursuant to the order in Crl.M.P. No. 5823 of 2015 observations and from the direction of the Hon'ble the Chief Justice on administrative side, the matter is taken up for further hearing.