R. Prabhakar v. State Of Telangana

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY,THE TWENTY SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 1300 OF 2020 Between:

R. Prabhakar, S/o R. Vijaya Venkdteswara Rao, Aged about 48 years Occ: Business. R/o Flat No.202, Plot No. 7 Vivekananda Enclave, Road no '.2', Banjara Hills Kamalapuri Colony, Hyderabad ...PET|T|ONER/ACCUSED Na.1 AND State of Telang.ana, Rep., by its Public Prosecutor, High Court, Hyderabad Through SHO PS. Banjara Hills, Hyderabad Sri V_ampartly Damodar,, S/o Vanaparthy Ramulu, Aged about- 75 yrs, Occ:Retired Employee, Rl/o H.No. 8-15-40161 , Road Nb.Z, Sadguru Nagar L.B Nagar, Hyderabad ...RESPONDENT/DEFACTO COMPLATNANT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the lVlemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings of the C.C NO. 15655 of 2019 on the file of The Hon'ble lll-Addl.

Chief Metropolitan [Vlagistrate at Nampally, Hyderabad for the offence U/S 406, 42O, 468, 471 Nw 34 IPC. l.A. NO: 1 OF 2020 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the lt/lemorandum of Grounds of Criminal Petition, the High Court may be pleased to Stay all further proceedings in C C15655 of 20'19 on the file of The Hon'ble lll Addl. Chief Metropolitan Magistrate at Nampatly, Hyderabad for the offence U/S 406, 420, 468. 47 Rlw 34 lPC, including personal appearance of the petitioner, pending disposal of Criminal Petition. This Petition coming on for hearing, upon perusing the l\,4emorandum of Grounds of Criminal Petition and upon hearing the arguments of tt//s. PARIIvIALA PAR|Gl, Advocate for the Petitioner and the Public Prosecutor on behalf of lhe Respondent No. 1 and of Sri M.

RAMA KRISHNA, Advocate for the Respondent No. 2.

The Court made the folloaring: ORDER

THE HONOURABLE SRI ]USTICE K.SURENDER CRIMINAL PETITION No.13OO OF 2O2O ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") by the petitioner - accused no.1 to quash the proceedings against him in C.C.No.15655 of 2019 pending on the file of learned III Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, filed for the offences punishable under Sections 406, 420, 468 and 477 read with Section 34 of the Indian Penal Code.

2.

None appears on behalf of petitioner. Learned counsel for the 2nd presen't. Perused the record i ( ( 3.

The crime is of the year 2019 and charge sheet was also filed in the same year. As seen from the record, for the first time, the case was listed on 25.02.2020 and again it was listed today. Even though old matters are specially listed for disposal and for the benefit of Advocates, there is no representation on behalf of the petitioners today. Fufther, no interim orders were passed by this Court earlier.

4.

Learned counsel for the 2nd respondent states that the petitioner and two others have cheated the 2,d respondent by taking money of Rs.60,00,000/- for purchase of a commercial area property by producing a fabricated agreement of sale.

5.

Considering the facts and circumstances of the case, since there is a prima facie case is made out against the petitioner, the present criminal petition is liable to be dismissed. 6.

Accordingly, the Criminal Petition is dismissed As a sequel thereto, miscellaneous applications, if any, pending, shall stand closed \ Sd/- L. SIVA PARVATHI ASSISTANT REGISTRAR //TRUE COPY// SECTI N OFFICER To, 'l.ThelllAdditionalChieftVletropolitanlVlagistrateatNampally,Hyderabad'

2. The Station House Officer, Banjara Hills Police Station, Hyderabad'

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

4. One CC to SRl. PARIIUALA PARlGl, Advocate IOPUCI

5. One CC to SRl lU. RAI\XA KRISHNA' Advocate IOPUCI

6. Two CD CoPies pL kam

HIGH COURT DATED:261O412023 .

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ORDER

CRLP.No.1300 ol 2020 .l Crl.P is Dismissed $.\;\ 'a_