Budida Ramulu v. The State Of Telangana
[ 3251 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD WEDNESDAY, THE FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 1023 OF 2023 Between:
1. Budida Ramulu, S/o Balaiah, aged about 61 years, Occ. Agriculture, Rl/o H.No. 1 -4-165/9, Retrit Colony, Fathe Balaiah Nagar, Old Alwal [Vledchal Diskict.
2. Smt. Budida Andalu, W/o Ramlu, aged about 56 years, Occ. Housewife, Rl/o H.No.1-4-165/9, Retrit Colony, Fathe Balaiah Nagar, Old Alwal Medchal District.
3. Smt. Gundlapalli Swapna, W/o Jaihind, aged about 36 years, Occ. Housewife, Ryo H.No.1-4-165/9, Retrit Colony, Fathe Balaiah Nagar, Old Alwal Medchal District.
4. Smt. Chebarthi Saritha, W/o Chandra Shekar, aged About 35 years, Occ. HousewifeAll are RJo. H.No. 't-4-165/9, Retrit Colony, Fathe Balaiah Nagar, Old Alwal Medchal District.
...PETITIONERS/ACCUSED Nos.1 TO 4 AND
1. The State of Telangana, through S.H.O., Markook Police Station, Siddipet District, Rep. By its Public Prosecutor, High Court, Hyderabad.
2. Budida Chandramouli Goud, S/o Late Balaiah, Aged about 57 years, Occ. Toddy Shop, R/o. H.No. 8-3-2281513A, Yousufguda Rahmathnagar, Hyderabad.
...RESPONDENTS/COMPLAlNANTS 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 call for the records relating to the charge sheet in C.C.No. 895 of 2019 on the file of the Addl. Judicial First Class Magistrate at Gajwel, and quash the proceedings thereon.
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 grant stay of all further proceedings including the appearance of the petitioners in C.C.No. 895 of 2019 on the file of the Addl. Judicial First Class Magistrate at Gajwel, 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 IVOHAtt4MED RIYAZ ANSARI, Advocate for the Petitioners and the Public Prosecutor (TG) on behalf of the Respondent No.1 and of NONE APPEARED for the Respondent No.2.
The Court made the following: ORDER
Crl.Petition No.1023 of 2023 I THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION N0.1023 0F 2023 ORDIR:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitionersAccused Nos.1 to 4 seeking to quash the proceedings against them in C.C.No.895 of 2019 pending on the file of Additional Judicial Magistrate of First Class, Gajwel. The offences alleged against him are under Sections 447 and 427 Rlw 34 of Indian Penal Code. 2.
Heard learned counsel for the petitioners - Accused Nos.l to 4 and learned Additional Public Prosecutor for the respondent - State. Perused the record.
3.
Learned counsel for the petitioners confined his prayer to \ l dispense with the personal appearance of petitioners - Accused Nos.2 to 4.
4.
Considering the submission of learned counsel for the petitioners, the attendance of the petitioners - Accused Nos.2 to 4 is dispensed with in C.C.No.895 of 2019 pending on the file of Additional Judicial Magistrate of First Class, Gajwel, when
Crl.Petition No.1023 of 2023 represented by their counsel on record. The attendance of the petitioners - Accused Nos.2 to 4 is dispensed with subject to filing an affidavit by the petitioners stating that in their absence the proceedings conducted by their counsel will not be disputed by them ln any manner and shall not dispute their identity also' However, the petitioner shall appear before the learned Magistrate as and when their presence is required. In the event of failure of the petitioner to appear when the Court directs, this order dispensing their attendance shall stand cancelled. 5.
Accordingly, the Criminal Petition is disposed of' Needless to say, in the event of the petitioner filing an application under seeking discharge, the concerned Court shall dispose it on merits within a period of four (04) weeks.
Miscellaneous applications pending, if any, shall stand closed' SD/. MOHD. SANAULLAH ANSARI ASSISTANT REGISTRAR //TRUE COPY// qD SECTION OFFICER To
1. The Addl. Judicial First Class Magistrate, Gajwel District.
2. The Station House Officer, Markook Police Station, Markook Siddipet district
3. One CC to SRI TMOHAMMED RIYAZ ANSARI, Advocate [OPUC]
4. Two CCs to THE PUBLTC PROSECUTOR, High Court foi the St-ate of - Telangana. at Hyderabad. [OUT]
5. Two CD Copies k I'S K
HIGH COURT DATED:01 10212023 1ti '; .....:\ SiA r; -\ /.\ o
ORDER
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u c(i, [ 4 ilN ztrI] CRLP.No.1023 of 2023 ,, :, ' 'j,i :,l'\,-.- - ' ::::-:
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DISPOSING OF THE CRIMINAL PETITION WITHOUT COSTS.
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