Smt. Mamidi Vanitha v. The State Of Telangana

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY,THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 1063 OF 2023 Between:

1. Smt. I\/amidi Vanitha, Wo. Sudhakar Reddy, Aged 50 years, Occ. Housewife, R:/o. H.No. 4^9-57, Nandi Musalaguda, HUDA Colony, Attapur Village, Rajendra Nagar, Hyderabad.

2. Mamidi Sudhakar Reddy, S/o. Dasarath.Reddy, Aged 51 years, Occ. Business, Rl/o. H.No. 19-5-86/1 , Nandi Musalaguda, HUDA Colony, Attapur Village, Rajendra Nagar, Hyderabad.

3. Kolan Balakrishna Reddy, S/o. K. Mohan Reddy, Aged 42 years, Occ. Business, Rl/o.H.No. 3-5-92, Shiva Nagar, Hyderguda, Rajendranagar, Hyderabad.

...PETITIONERYACCUSED Nos. 4 to 6 AND '1. The State of Telangana, Rep. by its Public Prosecutor High Court of at Hyderabad.

2. Smt. N. Shantha, W/o. N. Laxman Nayak, Aged 54 years, Bank Manager, SBI Branch Cheeryal of Keesara Mandal, Rl/o. H.No. 42-753-111 , SP Nagar, I\/oula Ali, Ivlalkajgiri Mandal.

...RESPONDENTS Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the f\ilemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in CC No. 2160 of 2021 , on the file of the lll Metropolitan Magistrate, Medchal Malkajgiri District at Malkajgiri against the petitioners / Accused Nos. 4 to 6.

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 interim stay of all further proceedings in CC No. 2160 of 2021 , on the file of the lll Metropolitan Magistrate, Medchal Malkajgiri District at Malkajgiri including appearance and attendance of the petitioners, pending disposal of the above Criminal petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri V RAMESH REDDY, 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 I l I I I I

Crl.P.No.1063 2023 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.1O63 OF 2023 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short'Cr.P.C.) by the petitionersAccused Nos.4 to 6 to quash the proceedings against them in C.C.No.2160 of 202L (arising out of Crime No.365 of 2018) pending on the file of III Metropolitan Magistrate, Medchal-Malkajgiri District at Malkajgiri. The offences alleged against the petitioners are under Sections 420, 465, 406 and 477 read with Section 34 of Indian Penal Code.

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

3, Though the petitioners have raised several grounds to quash the proceedings in the aforesaid case, learned counsel for the petitioners requested this Court to dispense with the appearance of the petitioners, in the aforesaid case before the trial Court. _-t

Crl.P.No.1063-2023 4.

In view of the aforesaid submission of the learned counsel for the petitioners, this Criminal Petition is disposed off with the followlng directions:

i) The appearance of the petitioners - Accused Nos.4 to 6 is dispensed with in C.C.No.2160 of 2021 (arising out of Crime No.365 of 2018) pending on the file of III Metropolitan Magistrate, Medchal-Malkajgiri District at Malkajgiri, 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. 5.

Needless to say, the petitioners are at liberty to file an application seeking discharge before the concerned Court. In the

Crl.P.No.1063-2023 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/-MOHD.ISMALL ASSISTAN EGISTRAR //TRUE COPYII SECTI N OFFICER To, '1. The lll Metropolitan Magistrate, Medchal Malkajgiri District at Malkajgiri

2. The XVll Metropolitan Magistrate, Cyberabad at Malkajgiri

3. The X Metropolitan Magistrate Court at Malkajgiri, Cyberabad

4. The Station House Officer, Keesara Police Station, Rachakonda

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

6. One CC to SRl. V RAMESH REDDY Advocate [OPUC]

7. Two CD Copies \.Y VH PR

HIGH COURT DATED: 0210212023 l rLAry o'

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ORDER

CRLP.No.1063 of 2023 DISPOSING OF THE CRIMINAL PETITION 1P