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High Court for State of TelanganaCRLP/1367/2023disposed of no costs

Narra Ashok v. The State Of Telangana

2023-02-09K.Surender4 pages

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I I I I I [ 3251 I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD i THURSDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTYTHREE t Tf+r*rft THE HONOURABLE SRI JUSTICE K.SURENDER

1. Nana Ashok, S/o N. Sathaiah, No.3-9516/8, Mansoorabad, Sree Ra

2. Smt. Narra Subhudra, Wo Housewife R/o H. No.&9-516/8, Mansoorabad, Sree Ram Nagar, RR Dist.

, S/o N. Pichaiah, Age 53 years, Occ . Agriculture, R:/o H. No. 6/8, Mansoorabad, Sree Ram Nagar, Hayathnagar, RR Dist. Age 3O years, Occ. Car Driver, R/o H.

m Nagar, Hayathnagar, RR Dist.

N. Sathaiah, Aged about 48 years, Occ.

3. Nana 3-9-51

4. Smt.Paspula Driver, FUo H District.

9-s't8, @ Uma Devi, Wo Pratap, Age 30 years, Occ. Car Mansoorabad, Sree Ram Nagar, Hayathnagar, RR TITIONERS/ACCUSED AND 1 . The State of T€langana, through, W.P.S. Saroornagar, through Public Prosecutor, High Court, Hyderabad.

2. Nana Sirisha, Wo. Ashok, Agd 24 years, Occ . Nurse, Rl/o Bhavani Nagar, Mansoorabad, RR Dist.

RESPONOENT/DEFACTO COMPLAINANT 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 proceedings in CC No.t53/2019 on the file of XIV Metropolitan Magistrate, Cyberabad at LB.Nagar, the alleged offence in Crime No. 53/2018 i.e., u/s. 498 (A). 324 I.P.C and Sec. 3 of D.P Act, against the petitioner/Accused No.4 in the interest of justice. l.A. NO: 2OF 2023 Petition under Section 482 ot CI.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to stay of all further prcceedings including appearance of the petitioner in CC No.'

153/2019 on the file of XIV Metropolitan Magistrate, Cyberabad At LB NAGAR, pending the disposal of the main petition for quashing the same This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri JANARDHAN GOUD, Advocate for the Petitioners and of the Additional Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 and none appeared for R2.

Crl.Petition No.1357 of 2023 il THE HONOURABLE SRI JUSTICE K.SURENDER 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 to quash the proceedings against them in C.C.No.153 of 2019 pending on the file of XIV Metropolitan Magistrate, Cyberabad at L.B' Nagar. The offences alleged against them are under Sections 498-A and 324 of Indian Penal Code and Section 3 of Dowry Prohibition Act, 1961'

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 dispense with the personal appearance of petitioners - Accused Nos.1 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.t53 of 2019 pending on the file of XIV (

Crl.Petition No.1367 oC 2023 at L.B. Nagar, when Metropolitan Magistrate, Cyberabad n\ The attendance of the represented by their counsel on record.

petitioners is dispensed wath 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 as far as petitioner No.1 - Accused No.l 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, shal! stand closed. .l_ Sd/-P.GOWRI SHANKAR ASSISTANT REGISFRAR \ //TRUE COPYII \U SECTION OFFICER To

1. The XIV Metropolitan Magistrate, Cyberabad, at L.B.Nagar.

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

3. Ohe CC to Sri Janardhan, Advocate IOPUC]

4. Two CD CoPies -rk Kt

"1, f HIGH COURT DATED:0910212023 1 T{E ST,4 7F , t.:j .{:

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APN 2U23

ORDER

I CRLP.No.1367 of 2023 +r SpuT;r i'!\\':

I CRL.P. ,S DISPOSED OF.

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