Rupani Yadamma v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERA,BAD THURSDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 123 OF 2023 Between:

1. Rupani Yadamma, Wo. R. Linga Swamy. aged about 58 years, Occ Housewife,are Fl/o. Perepally Village, Chityal Mandal, Nalgonda. Telangana.

2. Rupani Linga Swamy, S/o late R Mallaiah. aged about 66 years. Occ Retd Govt. Employee. Both are Rl/o. Perepally Village, Chityal Mandal, Nalgonda. Telangana.

...PETITIONEFYACCUSED NO. 2 & 3 AND

1. The State of Telangana, Represented by Public Prosecutor, High Court. Hyderabad Through SHO, WPS Bhongir,

2. Roopani Sarala, W/o. Roopani Santosh, aged about 30 years. Occ Household, R/o. Fakkeergudem Village. Bommalaramaram Mandal. YadadriBhongir District. ...RESPONDENTS 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 CC. No. 831 ol 2O2O, on the File of the Judicial First Class Magistrate Cum Junior Civil Judge at Bhongir, Yadadri-Bhongir District l.A. NO: 1OF 2023 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 including trial, arrest and appearance of the petitioners in the CC. No. 831 of 2020, on the File of the Judicial First Class [Vlagistrate Cum Junior Civil Judge at Bhongir, Yadadri-Bhongir District pending disposal of the Criminal Petition

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri G. ARVIND RAJ ,Advocate for the Petitioner and the Additional Public Prosecutor (TG) on behalf of the Respondent No.1 and None Appeared for the Respondent No.2 The Court made the following: ORDER

Crl-Petition No.123 of 2023 .

L THE HONOURABLE SRI JUSTICE K.SURENDER a CRIMINAL PETITION No.123 OF 2023 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitionersAccused Nos.2 and 3 to quash the proceedings against them in C.C.No.831 of 2020 pending on the file of ludicial First Class Magistrate cum Junior Civil Judge at Bhongir, Yadadri-Bhongir District. The offences alleged against them are under Sections 498-4, 406 and 506 of Indian Penal Code (for short "IPC') and Sections 3 and 4 of Dowry Prohibition Act.

2.

Heard learned counsel for the petitioners-Accused and learned Additional Public Prosecutor for the respondent - State. Perused the record.

3.

Learned counsel for the petitioners confined his prayer to dispense with the personal appearance of the petitioners - Accused Nos.2 and 3 as they are aged about 58 and 66 years respectively, due to which it has become very difficult for them to appear before the court on each and every d{e of hearing.

Crl.Petition No.123 of 2023 4.

Thus, having regard tc the facts and circumstances of the case, the attendance of the petitioners - Accused Nos.2 and 3 is dispensed with in C.C.No.831 of 2020 pending on the file of Judicial First Class Magistrate cum Junior Civil Judge at Bhongir, YadadriBhongir District, when represented by their counsel on record. The attendance of the petitioners is dispensed with subject to filing affidavits by them stating that in their absence the proceedings conducted by their counsel will not be disputed by them in any manner and also they shall not dlspute their identity. However, the petitioners shall appear before the learned Magistrate as and when their presence is required. In the event of the petitioners failure to appear when the Court directs, this order dispensing his attendance would stand cancelled.

5.

Accordingly, the Criminal Petition is disposed of. Needless to say, in the event of the petitioners filing an application under seeking discharge, the concerned Court shall dispose it of on merits within a period of four (04) weeks.

Crl.Petition No.123 of 2023 .

Miscellaneous applications pending, if any, shall stand closed. - Sd/. K, VENKAIAH ASSISTANT REG!6TRAR .L'

\ ,TRUE COPY// SECTION OFFICER To,

1. The Judicial First Class Magistrate Cum Junior Civil Judge at Bhongir, Yadad ri-Bhongir District

2. The Station House Officer, Women Police Station, Bhongir, Bhongir Yadadri Bhongir District.

3. Two CCs to the Public Prosecutor, High Court forthe State of Telangana at Hyderabad.(OUT)

4. One CC to SRl. G ARVIND RAJ, Advocate [OPUC]

5. Two CD Copies kanr

HIGH COURT DATED:0510112023 aY * (l :) x 1 JAI ?t?]

ORDER

CRLP.No.123 of 2023 DISPOSING OF THE CRIMINAI, PE'TITION.

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