Smt. Siliveri Pramila And Another v. The State Of Telangana And Another

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 971 OF 2023 Between:

1. Smt. Siliveri Pramila, Wo Siliveri Rajaiah Age 61 years,Occ. House Wife R/o H.No. '1-101, S C Colony, Village. Nagaram, Mandal. Parkal, District. Hanamkonda.

2. Sri. Siliveri Rajaiah, S/o Saraiah Age.63 years , Occ. Retired Employee R/o H.No. '1101, S C Colony, Village. Nagaram, Mandal. Parkal, District. Hanamkonda. ...PETITIONERS/ACCUSED No. 2 & 3 AND

1. The State of Telangana, Rep. by its Public Prosecutor High Court, Hyderabad.

2. Smt.Siliveri Revathi, Wo Ravi KumarAge. 26 years, Occ. Housewife R o 8 -3 - 1691601947, Vinayak Nagar, SPR Hills, Borabanda.Hyderabad-500045. ... RESPONDENTS/DEFACTO/COMPLAINANT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Pelition, the High Court may be pleased to QUASH THE PROCEEDINGS in CC.No.7754 of 2022 on the file of the XV Addl. Chief Metropolitan Magistrate, at Hyderabad, for an office under Section 498(A), 406,506, 509,324 of IPC and Sec. 4 and 6 of D.P Act and in so far as the Petitioner No. '1 and 2 are concerned.

l.A. NO: 1OF 2023 Petition under Section 482 of CI.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 certified copy of CC.No.7754 of 2022 on the file of the XV Addl. Chief Metropolitan Magistrate, at Hyderabad, for an office under Section 498(4), 406,506. 509,324 of IPC and Sec. 4 and 6 of D.P Act before this Court. l.A. NO: 2 OF 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 stay of all further proceedings. including arrest of the petitioner in CC.No.7754 of 2022 on the file of the XV Addl.Chief Metropolitan Magistrate. at Hyderabad, for an office under Section 498(4), 406,506, 509,324 of IPC and Sec. 4 and 6 of D.

P Act This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri KRISHNA SWAMY RELA, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No. l and None appears for the Respondent No.2.

Crl.Petition No.971 of 2023 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.971 OF 2023 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 7973 (for short'Cr.P.C.') by the petitionersAccused Nos.2 and 3 to quash the proceedings against them in C.C.No.7754 of 2022 (arising out of Crime No.73 of 2022) pending on the file of XV Additional Chief Metropolitan Magistrate at Hyderabad. The offences alleged against the petitioners are under Sections 498-A, 406, 506, 509 and 324 of Indian Penal Code and Sections 4 and 6 of Dowry Prohibition Act.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent No.1 - State. Perused the record.

3. On perusal of the record, the disputes arose out of marital discord in between the de facto complainant and the Accused No.1. 4.

Though the petitloners have raised several grounds to quash the proceedings in the aforesaid case, learned counsel for the

\ Crl.Petition No.971 oI 2023 petitioners requested this Court to dispense with the appearance of the petitioners, in the aforesaid case before the trial Court. 5.

In view of the aforesaid submission of the learned counsel for the petitioners, this Criminal Petition !s disposed off wrth the following directions:

i) The appearance of the petitioners - Accused Nos.2 and 3 is dispensed with in C.C.N0.7754 of 2022 (arising out of Crime No.73 of 2022) pending on the file of Xry Additional Chief Metropolitan Magistrate at Hyderabad, when represented by their counsel on record.

ii) The appearance of the petitioners is dispensed subject to filing an affidavit 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 appearance shall stand cancelled.

Crl.Petition No.971 of 2023 6.

Needless to say, the petitioners are at liberty to file an application seeking discharge before the concerned Court. In the event of such application being made, the concerned Court shall dispose it off on merits, within a period of four weeks from the date of filing.

Miscellaneous applications pending, if any, shall stand closed. Sd/.A.V.S.PRASAD ASSISTANT RE ISTRAR //TRUE COPY// o SECTION OFFICER To,

1. Th; XV Additional Chief lVletropolitan Magistrate of First Class at Medak.

2. The Station House Officer, WPS, Begampet North Zone Police Station, secunderabad.

3. Two CC to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT]

4. Oire CC to Sri. Kiishna Swamy Relar, Advocate [OPUC]

5. Two CD Copies BJLB \ V

HIGH COURT DATED:31/01/2023

ORDER

CRLP.No.971 ot 2023 CRIMINAL PETITONIS DISPOSED OFF t 1 $E STA re d zs FtB 2023 z C) \ \ 2/ .< ^.r€9 o*(,, \lo\"