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High Court for State of TelanganaWP/348/2025disposed of no costs

Kaneez Fathima v. The State Of Telangana

2025-01-06Pulla Karthik4 pages

132s7 l

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE :PRESENT:

THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI lA No. 1 OF 2025 IN CRLP NO: 348 OF 2025 Between:

1. Allam Venkat Swamy, S/o. Late Madhulati, Occ Retired Government Employee, R/o. Plot No. 301, Sai Ashray Apartment, Balaram Compound, Padmarao Nagar, Secunderabad.

2. Smt. Allam Prerana, Wo. Vishal Kumar, Occ House Wife, R/o. Plot No.301, Sai Ashray Apartment, Balaram Compound, Padmarao Nagar, Secunderabad.

3. Allam Ramani, Wo. A. Venkat Swamy, Occ Retd. Govt. Employee, R/o. Plot No. 301, Sai Ashray 'Apartment, Balaram Compound, Padmarao Nagar, Secunderabad ... PetitionerslAccused (Petitioners in CRLP 348 OF 2025 on the file of High Court) AND

1. The State of Telangana, Represenled by its Public Prosecutor, Honble High Court for the State of Telangana Hyderabad.

2. Sri B. M. Vinod Kumar, S/o. Bolledu Bakkaiah, Occ IFS (Retired), R/o. Plot No. 84 and 85, Kavurihills, Behind Maharajuchat, Guttala Begumpet, Madhapur, KV Ranga Reddy.

...RespondenUDefacto Complainant (Respondents in-do) Counsel for the Petitioner : Sri Sri Prabhakar Sripadha, Senior Counsel representing Sri Setty Ravi Teja Counsel for the Respondent No.1 : Sri Jithender Rao Veeraamalla, Addl. PUBLIC PROSECUTOR Petition under Section 528 of BNSS praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to stay all further proceedings, including arrest or personal appearance of the Petitionersi Accused in C. C. No. 288 of 2024 on the file of the X Additional Chief Metropolitan Magistrate at Hyderabad, pending disposal of CRLP No. 348 ol 2025, on the file of the High Court.

The Court made the following ORDER:

This application is filed by the petitioners/accused Nos.1 to 3 seeking to grant stay of all further proceedings, including their arrest or personal appearance, in C.C.No.288 ot 2024 on the file of X Additional Chief Metropolitan Magistrate, Secunderabad, pending disposal of the criminal petition.

Heard Sri Prabhakar Sripadha, learned Senior Counsel representing Sri Setty Ravi Teja, learned counsel for petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the Staterespondent. Learned Senior Counsel appearing for petitioners submits that the de facto complainant is the father-in-law of petitioner No.2laccused No.2. There are matrimonial disputes between the parties and the offences alleged against the petitioners are not attracted.

Learned Senior Counsel further submits that petitioner No.2 has lodged a complaint, dated 11.08.2023 against the de facto complainant and his family members, which was registered as a case in Crime No.518 of 2023. As a counterblast to the said complaint, de facto complainant has lodged the present complaint, dated 18.08.2023 against the petitioners herein and the same was registered as a case in Crime No.528 ol 2023. He further submits that divorce petition and maintenance case is also filed by petitioner No.2 against her husband. Hence, he prayed to grant stay of all further proceedings against the petitioners.

On the other hand, learned Additional Public Prosecutor opposed the application stating that specific allegations are levelled against the petitioners. Having heard both sides and perused the material on record, it is apparent that there are matrimonial disputes between the parties and case and counter cases are filed. ln the said circumstances, there shall be stay of all further proceedings against the petitioners/accused Nos.1 to 3 in C.C.No.288 ol 2024 on the file of X Additional Chief Metropolitan Magistrate, Secunderabad, pending disposal of the criminal petition. SD/.V.IIARI PRASAD ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The X Additional Chief Metropolitan Magistrate, Secunderabad

2. The Station House Officer, P.S. Chilakalguda, Hyderabad.

3. Sri B lt/I. Vinod Kumar, S/o. Bolledu Bakkaiah, Occ IFS (Retired), R/o Plot No. 84 and 85, Kavurihills, Behind lt/laha rajuchat, Guttala Begumpet, Madhapur, KV Ranga Reddy (by RPAD) 4 One CC to SRI Setty Ravi Teja, Advocate [OPUC]

5. Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad. (OUT)

6. One spare copy

HIGH COURT JS,J DATED:2410112O25

ORDER

|.A.NO. 't OF 2025 IN CRLP.No. 348 ot 2025 ('

STAY