Challa Venkateshwarlu v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD TUESDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER cRIMINAL PETITION NO:4457 OF 2017 Between:
1. Challa Venkateshwarlu, S/o. Venkaiah, aged 51 years, Occ Business, R/o. 11-1-50/3, Vani Nagar, Kandukur, Prakasam District.
2. Challa Srinivas Rao, S/o. Venkaiah, aged 57 years, Ocr Business, tuo. 5-530, Deepthisrinagar, Madinaguda, Hyderabad.
3. Challa Venkaiah, S/o. Narasimham, aged 80 years, Occ Farmer, Rl/o. Oguru Village, Kandukur Mandal, Prakasam District.
4. Madala Malyadri, S/o. Veeraswamy, aged 45 years, Occ Business, R/o. Mupparajuvari Village, Mahadevapuram Post, Kandukur Mandal, Prakasam District.
5. Tummati Nagaraju, S/o. Ankaiah, aged 48 years, Occ Farmer, R/o. Mahadevapuram Village, Kandukur Mandal, Prakasam District.
6. G. Mallikarjuna, S/o. Raghavaiah, aged 46 years, Ri/o. Poretipalli Village, Gudlur Mandal, Prakasam District.
7. Nallamotu Chandramouli, S/o. Peraiah, aged 52 years, Occ Cultivation, Rl/o. Badevaripalem Village, Oletivaripalem Mandal, Prakasam District.
8. Balusu Venkat Narsimham, S/o. Parvathalu, aged 50 years, Occ Advocate, R:/o. Kandukur, Prakasam District.
9. D. Malyadri, S/o. Kondaiah, aged 45 years, Occ Business, Rl/o. 13th Ward, Kandukur, Prakasam District.
...PETITIONERS/ACCUSED 1 TO 9 AND 1 . The State of Telangana, Rep. by its Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, Hyderabad.
....RESPONDENT
2. K. Srinivasa Rao, S/o. Narsimha Rao, aged 43 years, Occ Business, R/o. 9-143/14, YRK Complex, Main Road, Langer House, Hyderabad.
...RESPONDENT/COMPLA!NANT 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 entire i;
i proceedings in C.C. No. 672 of 2016 on the file of the court of Leamed Addl. Judicial Magistrate of First Class, Sangareddy . 1oF 2017 CRLPMP. NO: 4324 OF 2017 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 grant stay of all further proceedings including appearance of the Petitioners in C.C. No. 672 of 2016 on the file of the court of Learned Addl. Judicial Magistrate of First Class, Sangareddy, pending disposal of the main Criminal Petition .
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri NIMMAGADDA SATYANARAYANA ,Advocate for the Petitioner and the Public Prosecutor (TG/AP) on behalf of the Respondent No. 1 and of Sri P. NAGENDER REDDY Advocate for the Respondent No. 2.
The Court made the following: OROER
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.4457 0F 2017 ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, t973 (for short 'Cr.P.C'J by the petitionersAccused Nos.l to 9 to quash the proceedings against them in c.c.No.672 of 2016 pending on the file of learned Additional Judicial Magistrate of First Class at Sangareddy. The offerrces alleged against them are under Sections379,420.504, 506 read with 149 of Indian Penal Code (for short "IPC').
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent - State. Perused the record.
3.
As per the contents of the charge sheet, 2d respondent - de facto complainant filed a complaint alleging that he discharged the amounL hken from petitioners, but they did not return the promissory notes executed at the time of taking hand loan and they demanded 1.50 crore rupees or otherwise they will file cases by using the promissory notes and the cheques allegedly stolen by them. In the charge sheet, prima facie, there are certain allegations
leveled against the petitioners. They are triable issues. The petitioners have to face trial and prove their innocence. Therefore, this Court is not inclined to quash the proceedings in C.C.No.672 of 2016 pending on the file of learned Additional Judicial Magistrate of First Class at Sangareddy against the petitioners. 4.
Having regard to the facts and circumstances of the case, this Criminal Petition is disposed off with the following directions: i) The attendance of the petitioners 2 to 9 - Accused Nos.2 to 9 is dispensed with in C.C.No.672 of 2016 pending on the file of learned Additiohal Judicial Magistrate of First Class at Sangareddy, when represented by their counsel on record.
ii) The attendance of the petitioners is dispensed subject tg filing an affidavit 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 petitioners failure to appear when the Court directs, this order dispensing their attendance shall stand cancelled.
iv) No such relief is given as far as petitioner No.Uaccused No,1 is concerned.
Miscellaneous applications pending, if any, shall stand closed. Sd/. V. KAVITHA ASSISTANT REGISTRAR //TRUE COPYII c^ SECTION OFFICER To, The Learned Additional Sangareddy.
Judicial Magistrate of First Class,
2. The Station House Officer,p.S. Sanga Reddy, Medak.
3. One CC to SRt. NTMMAGADDn Snivnf.faAhiANA Advocate [oPUC]
4. One CC to SRt. 4t\7tp NAGENDRA REDDY Advocate tOpUCl
5. Two CCs to the pUBLtC PROSECUTOR (TG) , High Court for the ^ State-oJTelangana, at Hyderabad. IOUT] ' '
6. Two CD Copies TL PR PrttC,.
HIGH COURT DATED: 1910912023 i,S
ORDER
'),' .l i.i 11 $t12m CRLP.No.4457 ot 2017 -z'
DISPOSING OF THE CRIMINAL PETITION.
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