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High Court for State of TelanganaCRLP/1286/2023disposed of no costs

Gona Bala Krishna v. The State Of Telangana

2023-02-08K.Surender4 pages

[ 3251 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY, THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CR|MINAL PETITION NO: 1286 OF 2023 Between:

1. Gona Bala Krishna, S/o Buchiah, Age- 30 years, Caste- SC Madiga, OccPrivate job, R/o Kadumuru Village, Pooduru Mandal, Vikarabad District. (A1)

2. Gona Buchamma, Wo Buchiah, Age- 60 years, Caste- SC Madiga, OccHouse-wife, R/o Kadumuru Village, Pooduru Mandal, Vikarabad District.

3. Gona Shekar, S/o Buchiah, Age- 27 years, Caste- SC Madiga, Occ- Farmer, R/o Kadumuru Village, Pooduru Mandal, Vikarabad District.

4. Gona Narsimhulu, S/o Buchiah, Age- 35 years, Caste- SC Madiga, OccPrivate job, R/o Kadumuru Village, Pooduru Mandal, Vikarabad District. ...PETITIONERS/A-1 to A4 AND

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

2. Gona Swathi, Wo Bala Krishna, Age- 26 years, Caste- SC Madiga, OccH o u s e-wire' R/o Kad u m u ru vi I I as e' t *::ltU at1$5 YlIf !?3?f"oil'liili o r r"

Petition under Section 482 o't 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 CC No.634 of 2022 on the file of Prl. Junior Civil Judge at Bhongir and quash the same 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 to stay all further proceedings including the appearance of petitioners in CC No.634 oI 2022 on the file of Prl. Junior Civil Judge at Bhongir in so far as the petitioners is concerned, pending disposal of the present quash petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri D.SUDHARSHAN, Advocate for the Petitioners and of the Additional Public Prosecutor on behalf of the Respondent No.1 and None appeared for the Respondent No. 2 The Court made the following: ORDER

Crl.Petition No.1286 of 2023 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITIO N No.1286 OF 2023 ORDER:

This Criminal Petltion is filed under Section 482 of the Code of Criminal Procedure, L973 (for short'Cr.P.C.) by the petitionersAccused Nos.1 to 4 seeking to quash the proceedings against them in C.C.No.634 of 2022 pending on the file of Principal lunior Civil Judge at Bhongir. The offences alleged against them are under Sections 498-A and 506 of Indian Penal Code.

2.

Heard learned counsel for the petitioners - Accused Nos.1 to 4 and learned Additional Public Prosecutor for the respondent - State. Perused the record.

3.

Learned counsel for the petitioners confined his prayer to dispense with the personal appearance of petitioners - Accused Nos.1 to 4.

t, 4.

Considering the submission of learned counsel for the t I I petitioners, the attendance of the petitioners - Accused Nos.2 to 4 is dispensed with in C.C.No.634 of 2022 pending on the file of Principal Junior Civil Judge at Bhongir, when represented by their

Crl.Petition No.1285 of 2023 counsel on record. The attendance of the petitioners is dispensed with subject to filing affidavits 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. However, the petitioners shall appear before the learned Magistrate as and when their presence is required. In the event of failure of the petitioners to appear when the Court directs, this order dispensing their attendance shall stand cancelled. No such relief is given so far as petitioner No.1 - Accused No.1 is concerned.

5.

Accordingly, the Criminal Petition is disposed of. Needless to say, in the event of the petitioners filing an application seeking discharge, in the event of charges being not framed, the concerned Court shall dispose it of on merits within a period of four (04) weeks from the date of filing after hearing arguments on both sides.

Miscellaneous applications pending, if any, shall stand closed. SD/. P. GOWRI SHANKAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, '1 . The Principal Junior Civil Judge, at Bhongir

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

3. One CC to SRI. D SUDHARSHAN Advocate [OPUC]

4. Two CD Copies KKS Bs(

HIGH COURT DATED:0810212023 "{ E 5rA iA.

,^* C) 10 Irt[R 2l'?3 a i)

ORDER

\ CRLP.No.1286 of 2023 J{ ilr, .

:

DISPOSING OF THE CRLP WITHOUT COSTS + : rt Or\o gqK