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High Court for State of TelanganaCRLP/218/2023allowed no costs

U. Ramesh, v. The State Of Telangana,

2023-01-09K.Surender4 pages

[ 32sl ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 218 OF 2023 Between:

U. Ramesh, S/o. Bazlaiah, Aged about 54 years, Occ: Business, Rl/o. H.No.10-393/2, PVN Colony, Malkajgiri, Medchal District. ...PETITIONEFYA.2 AND The State of Telangana, Rep by its Public Prosecutor, High Court, State of Telangana.

Smt. L.Laxmi Keerthana, W/o. L. Mohan Varma, Aged about 33 years, Occ: Private Employee, Ryo H.No.1-9-49/8, Near Sowmya Hospital, Ramnagar, Musheerabad, Hyderabad.

...RESPONDENTS/ 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 pleased to quash the proceedings in CC No.4'103 of 202'1 on the file of XVll Addl. Chief Metropolitan Magistrate, Hyderabad in so far as the Petitioner/A-2 is concerned and pass such order or orders as this Hon'ble Court deems fit and proper in the interest of justice. 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 of all further proceedings including the appearance of the Petitioner/A-2 in CC No.4103 of 2021 on the file of XVll Addl. Chief Metropolitan Magistrate, Hyderabad and pass such order or orders as this Hon'ble court deems fit.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri CH RAVINDER, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent No.1.

The Court made the following: ORDER

Crl.Petition No.218 of 2023 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITI N No.218 OF 2023

ORDER

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure, 1973 (for short "Cr.P.C') by the petitioner - Accused No.2 to quash the proceedings against him in C.C.No.4103 of 202t on the file of learned XVII Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offences punishable under Sections 448, 341, 354,323 and 504 read with Section 34 of j Indian Penal Code (for short "IPC) 2.

Heard learned counsel for the petitioner-Accused No.2 and learned Additional Public Prosecutor for the respondent No.l-State. Since the orders in Criminal Petition No.10321 of 202L were passed after hearing 2nd respondent - de facto complainant, this Court deems it appropriate to dispose of the present criminal petition at the stage of admission.

3. The petitioner is Accused No.2 in C.C.No.4103 of 2021. Accused Nos.l, 3 to 6 in the same calendar case filed Criminal Petition Nos.10321 of 2021and 11768 of 2022 before this Court and

\ Crl.Patition No.218 of 2023.

this Court after hearing arguments on both sides quashed the proceedings against Accused Nos.1, 3 to 6.

4.

Since this Court found that the complaint itself is false, quashed the proceedings against all the other accused, this Court deems it appropriate to quash the proceedings against this petitioner-Accused No.2 also.

5.

Accordingly, the Criminal Petition is allowed and the proceedings against the petitioner - Accused No.2 in C.C.No.4103 of 2021 on the file of F/II Additional Chief Metropolitan Magistrate, Hyderabad, are hereby quashed. The orders passed by this Court in Criminal Petition Nos.10321 of 2021 and 11768 of 2022 shall form part of this order.

Miscellaneous applications pending, if any, shall stand closed. SO/. T. JAYASREE ASSTSTAryIREGTSTRAR e_lp SECTION OFFICER To,1. XVll Additional Chief Metropolitan Magistrate, Hyderabad.

2. Station House Officer, Musheerabad P.S.

3. One CC to SRl. CH RAVINDER, Advocate {OPUCI

4. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad [OUT]

5. Two CD Copies KAR //TRUE COPY// BSK

HIGH COURT DATED:0910112023 6E S TA |6:

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ORDER

CRL.P.No.218 ot 2023 ALLOWING THE CRIMINAL PETITION -D 0\ ssp