Indukuri Sai Bapi Raju v. The State Of Telangana

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 2'14 OF 2023 Between:

lndukuri Sai Bapi Raju, S/o IRK Raju ...PETITIONEFYDEFACTO COMPLAINANT AND

1. The State of Telangana, Rep by its Public Prosecutor, Rep by P.S Raid urgam.

...RESPONDENT/RESPONDENT

2. Sriperumuduru Ravi Chandra, S/o Satyanarayana, Aged 32 Years, Occ. IBM Employee, Rlo H 2-4- 123 lJl2lA, Andalu Nilayam Street No. 8, Padmavathi Colony, Uppal Hyderabad ,..RESPONDENT/ACCUSED 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 order dated 0210112023 in Crl. M.P. No. 1437 ol 2022in C.C. No. 1006 OF 2015 Honble PJCJ cum- Xlll Addl. Metropolitan Magistrate at Rajendra Nagar.

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 dispense with filing of certified copy of order in Crl. M.P. No. 1437 of 2022 in C.C. No. 1006/2015 on the file of the Hon'ble PJCJ-cum- XIll A.t\il.M. at Rajendranag ar, dt.02.O1 .2023.

l.A. NO: 2OF 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 of all further proceedings C.C. No. 1006 of 2015 on the file of the Hon'ble PJCJ cum- Xlll Addl. Metropolitan Magistrate at Rajendra Nagar, pending disposal of above quash petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K V L JAYASIMHA, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No. 2 ' { The Court made the following: ORDER

Crl.Petition No.214 of 2023 i THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION N0.214 0F 2023 ORDER:

This Criminal Petition is filed under Section 482 of the Code , of Criminal Procedure, 1973 (for short 'Cr.P.C.) by the petitiolerde facto complainant to quash the order dated 02.01.2023 in Crl.M.P.No.1437 of 2022 in C.C.No.1006 of 2015 passed by the Principal Junior Civil Judge cum XIII Additional Metropolitan Magistrate at Rajendranagar, dismissing the petition filed under Section 311 of Cr.P.C. for examining LW4.

2.

According to the prosecution case, LW4 is a materlal witness for the reason of the crime vehicle which was driven by the accused at the time of accident is, in the name of father of LW4. On the date of incident, the crime vehicle which was driven by LW4 to her working place, was forcibly taken by the accused and drove the vehicle in such a manner causing accident and death of the deceased. The application to examine LW4 was filed by the father of the deceased.

Crl. Petition No.214 of 2023 3.

Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the State - 2nd respondent. Perused the record.

4.

Learned counsel for the petitioner would submit that the Court has committed an error in dismissing the application when the evidence of LW4 is crucial to the case of the prosecution. Secondly, as stated in the'order that the prosecution wanted to reopen the evidence is incorrect, in view of the docket order dated 16.08.2022, wherein the Court has issued fresh summons to LW4.

5.

When questioned by this Court, the learned counsel for the petitioner would submit that there are eye witnesses to the said accident and they have identified the accused in the Court as the person causing accident resulting in death of the deceased.

6. In the said circumstances, when there is already evidence with respect to the accused driving the vehicle and causing accident, no useful purpose would be served by examining this witness. Hence, in my view there are no grounds to interfere

Crl.Petition No.214 of 2023 l with the order of the learned Magistrate and the present Criminal Petition is liable to be dismissed.

Accordingly, the Criminal Petition is dismissed. Miscellaneous applications pending, if any, shall stand closed.

Sdi. G. SIREESHA IEG ASSISTAN ISTRAR //TRUE COPY// SECTION OFFICER To,

1. The PJCJ cum- XlllAdditional Metropolitan Magistrate at Rajendra Nagar

2. The ll Additional Junior Civil Judge -Cum-Xlll Addl. M.M at Rajendranagar

3. The XXlll Metropolitan Magistrate at Rajendranagar

4. The ll Additional Junior Civil Judge-Cum-XVl Additional Metropolitan Magistrate, Cyberabad.

5. The Station House Officer, Raidurgam Police Station, Cyberabad

6. Two CCs to the Public Prosecutor, High Court ior the State of Telangana at Hyderabad. [OUT]

7. One CC to SRl. K V L JAYASIMHA Advocate [OPUC] B. Two CD Copies VH !$x-

HIGH COURT KS, J DATED: 2010112023 -, STA[.

( L'\ ).'

( ^ :) r,l (-1 1 5 FEB 2Uj

ORDER

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CRLP.No.214 o12023 Disrnissing the Crirninal Petition