Neelam Laxmi , Pachika Swaroopa v. State Of Telangana
t3251 | tN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE FIRST DAY OF MARCH TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER Between:
1. Neelam Laxmi @ Pachika Swaroopa, Wo-$ammaiah, Aged about 50 years, Occ. House Wi-fe, R/o H.No. 67-293, 2"o Zone, Mandamani, Mancherial District Karimnagar, Telangana State.
2. Neelam Sammaiah, S/o Veeraiah, Aged about 54 years, Occ. General Mazdoor in Kasipeta Mine R/o H.No. 67-293, 2nd Zone, Mandamari, Mancherial District, Karimnagar, Telangana State. ...PETITIONERS/ACCUSED NO.2 & 3 AND
1. State of Telangana, Rep by its Public Prosecutor, High Court, Hyderabad Through SHO, P.S. Godavarikhani- | (T), Karimnagar District
2. Mandati Sushma, Wo Neelam Ramana 27 yrs, R/o Q.No. T2-434, Power House Colony, Godavarikhani, Manchirial District, Karimnagar. Telangana State.
RESPONDENT/DEFACTO COMPLAINANT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in C.C.No .715 of 2019, on the file of Hon'ble 1Additional Junior Civil Judge at Godavarikhani, Manchirial District, Karimnagar for the offence U/S 498(A), R/w 34 IPC and Sec.4 D.P.A, and pass such other order or orders as deem fit.
l.A. NO: 1 OF 2020 Petition under Section 482 of Cr.P.C 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 in C.C.No.715 of 2019, on the file of Hon'ble l-Additional Junior Civi! Judge at Godavarikhani, Manchirial District, Karimnagar for the offence U/S 498(A), R/w 34 IPC and Sec.4 D.P.A, and including the personal appearance of the Petitioners/Accused, pending disposal of the Criminal Petition and pass such other order or orders Hon'ble Court deem fit. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri PARIMALA PARlGl, Advocate for the Petitioners and of the Additionai Public Prosecutor (TG) on behalf of the Respondent No.1 and of Dr. Chalta Srinivas Reddy, Advocate for the Respondent No.2.
The Court made the following: ORDER
{ n THE HONOURABLE SRI JUSTICE K.SURENDER ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short'Cr.P.C.') by the petitioners - Accused Nos.2 and 3 to quash the proceedings against them in C.C.No.715 of 2019 pending on the file of I Additional lunior Civil Judge at Godavarikhani, Manchirial District, Karimnagar. The offences alleged against them are punishable under Section 498-A read with 34 of Indian Penal Code (for short *IPC') and Section 4 of Dowry Prohibition Act.
2.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent No.1 State. Perused the record.
3.
Though the petitioners has raised several grounds to quash the proceedings in the aforesaid case, learned counsel for the petitioners requested this Court to dispense with the appearance of the petitioners - accused Nos.2 and 3, in the aforesaid case before the trial Court.
4.
Considering the submission of learned counsel for the petitioners; the Criminal Petition is disposed off with the following directions:
i) The attendance of the petitioners - Accused Nos.2 and 3 is dispensed with in C.C.No.715 of 2019 pending on the file of I Additional Junior Civil Judge at Godavarikhani, Manchirial District, Karimnagar, when represented by their counsel on record. ii) The attendance of the petitioners is dispensed with subject to filing affidavits by the petitioners stating that in their absence the proceedings conducted by their counsel will not be disputed by them in any manner and shall not dispute their identity also. iii) However, the petitioners shall appear before the learned Magistrate as and when their presence is required. In the event of the failure of the petitioners to appear when the court directs, this order dispensing their attendance shall stand cancelted. 5.
Needless to sdy, the petitioners are at libefi to file an application seeking discharge before the concerned court. In the event of such application being made, if the charges are not :
i i I
framed, the concerned court shall dispose it off on merits, within a per:iod of four weeks from the date of filing, after hearing arguments on both sides.
Miscellaneous applications pending, if any, shall stand closed. Sd/-P.NAGABHUSHAMBA ASSISTANT REGISTRAR I //TRUE COPY/ q,) \ To SECTION OFFICER
1. The I Additional Junior Civil Judge, at Godavarikhani, Karimnagar District2. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)
3. O-ne CC to Sri Parimala Parigi, Advocate [OPUC]
4. One CC to Dr.Challa Srinivas Reddy, Advocate [OPUC]
5. Two CD Copies b-- Kj.
.ta HIGH COURT DATED:01 10312023
ORDER
CRLP.No.3S of 2020 CRL.P. IS DISPOSED OF.
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