Pesala Sivakanth Reddy And 4 Others v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 1904 OF 2023 Between:
1. Pesala Sivakanth Reddy, S/o. Lakshmi Reddy, Aged about 36 years, Occ: Software Engineer, R/o Flat No. 211, Fenbreeze, Kadugudi, Banglore...A-1
2. Pesala Lakshmi Reddy @ Laxma Reddy, Sio. Konda Reddy, Aged about 63 years, Occ: Agriculture, R/o. Yerraguddipally (v), Pulivendula (M), Kadapa District.
...A-2
3. Pesala Pramila, Wo. Laxma Reddy, Aged about 58 years, Occ: House wife, R/o. Yerraguddipally (v) Pulivendulu (M), Kadapa District. ...A-3
4. Saroja, Wo. Srinath Reddy, Aged about 39 years, Occ: Housewife, R/o.175, Block No.S Naveli, Tamilnadu ...A-4
5. Sivaleela, Wo. Gangi Reddy, Aged about 37 years, Occ: House Wrfe, Rl/o. Mannekolla, Bangolre, Karnataka State ...A-5
...Petitioner/Accused Nos. 1 to 5.
AND
1. The State of Telangana, Represented by its Public Prosecutor, High Court at Hyderabad
2. Smt. Bhargavi, Wo. Shivakanth Reddy, Aged about 29 years, Occ: Housewife, R/o.LlG-1 96, 7th Phase, Balanagar, Cyberabad, Telangana State ... RespondenUCompla ina nt 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 criminal proceedings in C.C.No.328 ot 2017 in Crime No.114212016, of the PS. KPHB Colony, Cyberabad, on the file of the ll AJCJCUM-X Additional Metropolitan Magistrate, Cyberabad At Kukatpally, for the offences Under Sec.49B-A lPC, Sec.3,4 of D.P. Act against the Petitioners/Accused Nos.1 to 5 herein.
,
l.A. NO: 1 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 appearance of the Petitioners/Accused Nos. 1to 5 herein in C.C.No.32B of 2017 in Crime NoI14212016, of the PS. KPHB Colony, Cyberabad, on the file of the ll AJCJCUM-X Additional Meiropolitan Magistrate, Cyberabad At Kukatpally, for the offences Under Sec.498-A lPC, Sec.3,4 of D.P. Act. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri CHENNABOINA SHRAVANI, Advocate for the Petitioner and 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
THE HONOURABLE SRI JUSTICE K,SURENDER CRIMINA ITION NO.L904 0F 2023 o RDE This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short'Cr.P.C.J by the petitioners - Accused Nos.1 to 5 to quash the proceedings against them in C.C.No.328 of 2017 pending on the file of II Additional Junior Civil Judge cum X Additional Metropolitan Magistrate, Cyberabad at Kukatpally. The offences alleged against them are punishable under Sections 498-4 of Indian Penal Code (for short "IPC'J and Sections 3 and 4 of Dowry Prohibition Act.
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 - accused Nos.1 to 5, in the aforesaid case before the trial Court.
4.
Considering the submission of learned counsel for the petitioners; the Criminal Petition is disposed off with the following directions:
i) The attendance of the petitioners - Accused Nos.2 to 5 is dispensed with in C.C,No.328 of 2017 pending on the file of II Additional Junior Civil Judge cum X Addltional Metropolitan Magistrate, Cyberabad at Kukatpally, till the completion of process of trial, when represented by their counsel on record. ii) 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 iii) However, the petitioners shall appear before the learned Magistrate as and when their presence is required. In the event of the failure of the petitioners to appear when the Court directs, this order dispensing their attendance shall stand cancelled. iv) No such relief is given as far as petitioner - accused No.1 is concerned.
/ .'\ 5.
Further, the learned II Additional Junior Civil Judge cum X Additional Metropolitan Magistrate, Cyberabad at Kukatpally, is directed to complete the process of trial in C.C.No.32B of 20t7, as expeditiously as possible, within a period of four (04) months, in accordance with law.
Miscellaneous applications pending, if any, shall stand closed. Sd/. P. GOWRI SHANKAR ASSISTANT REGISTRAR Qe //TRUE COPY// To, SECTION OFFICER
1. The ll AJCJ-CUM-X Additionat Metropolitan Magistrate, Cyberabad At Kukatpally
2. The Station House Officer, KpHB police Station, Cyberabad. 3' Two ccs to Additional pubric prosecutor, High court for the state of Telangana, at Hyderabad tOUt-----*.' '"'"
4. One CC to SRt. CHENNABOTNA SHRAVANI, Advocate [OpUC]
5. Two CD Copies $/ PSR i II
HIGH COURT DATED:Z4t02t2OZ3
ORDER
STATE Os t CRLP.No.1904 of 2023 /.for \\ t,t \h\ 1\t\ o .::
+ + nii DISPOSING OF THE CRIMINAL PETITION.
o