Mrs. B.Ramajaneya Prasad v. The State Of Telangana

[ 3251 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY ,THE TWENry SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 1814 OF 2023 Between:

Mrs. B.Ramajaneya Prasad, S/o.Nageswar Rao.Age.56yrs Occ.Executive Director , M/s. Vision Ventures Lts.,Vision Space, Plot No.27 , H.No.2-334/27, Road No.3,Banjara Hills, Hyderabad - 500034, R/o.22lB,Vengal Rao Nagar, Flat No.104, ..PETITIONER/ACCUSED No.3 lndraprast Apartment,Hyderabad -500034.

AND

1. The State of Telangana, The Public Prosecutor High Court Judicature At Hyderabad for the state of TS Representing through the Station House officer,

2. M/S. Shriram City Union Finance Llmited, Hyderabad, Represented by its G.P.A. Holder and Authorised Signature Sri. G.naveen Chandra, S/o.G.Govardhan, Aged about 34 years , R/o Himayathnagar, Hyderabad - 500029 ...RESPONDENTS/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 call for the records connected with the above case in C.C. No- 05 of 2019 on the file of Il Spl. Magistrate, Erramanzil, Hyderabad and quash the proceedings against the petitioner / Accused No 3. l.A. NO: 1 OF 2023 Petition under Section 482 ol Cr.P .C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with the filing of the Certified Copy of the Complainant with the Xerox Copy.

l.A. NO: 2OF 2023 Petition under Section 482 o'( 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 in C.C. No. 05 of 2019 on the file of ll Spl. Magistrate, Erramanzil, Hyderabad including personaI appearance of the petitioner pending 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 RAGHAVULU ,Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent No.1 and of None appeared for the Respondent No.2. The Court made the following: ORDER

Crl.Petition No.1814 of 2023 THE HONOURABLE SRI JUSTICE K.SURENDER MINAL PETITION No.

ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1.973 (for short 'Cr.P.C.') by the petitioner/accused No.3 quash the proceedings against him in C.C.No.05 of 2019 on the file of the II Special Magistrate, Erramanzil, Hyderabad.

2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent - State. Perused the record. 3.

Earlier this Court in Crl.P.No.1374 of 2020 refused to quash the proceedings against the petitioners and two other accused in C.C.No.05 of 2019. There are no change circumstances and no grounds to entertain the present application. 4.

Learned counsel for the petitioner confines his prayer to dispense with the personal appearance of petitioner as it is very difficult for him to appear before the Court on each and every date of hearing.

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\ Crl.Petition No.1814 of 2023 5.

Thus, having regard to the facts and circumstances of the case, the attendance of the petitioner/accused No.3 therein is dispensed with in C.C.No.05 of 2019 on the file oF the II Special Magistrate, Erramanzil, Hyderabad, when represented by his counsel on record. The attendance of the petitioner is dispensed subject to filing an affidavit by the petitioner stating that in his absence the proceedings conducted by his counsel will not be disputed by him in any manner and also he shall not dispute his identity. However, the petitioner shall appear before the learned Magistrate as and when his presence is required. In the event of the petitioner failure to appear when the Court directs, this order dispensing his attendance would stand cancelled.

6.

Accordingly, the Criminal Petition is disposed off. Needless to say, in the event of the petitioner filing an application under Section 239 of Cr.P.C. seeking discharge, the concerned Court shall dispose it off on merits within a period of four weeks.

Miscellaneous applications pending, if any, shall stand closed. Sd/-V.KAVITHA ASSISTANT REGIFTRAR //TRUE COPY// I secrrou{rrrcen L To,

1. The Il Spl. Magistrate, Erramanzil, Hyderabad

2. The Station House Officer, Narayanaguda Police Station, Hyderabad.

3. One CC to Sri D.Raghavulu, Advocate [OPUC]

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

5. Two CD Copies BJLB / LI

HIGH COURT DATED:2210212O23

ORDER

CRLP.No.1814 ol 2023 t- 5i;

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t I DISPOSING OF THE CRIMINAL PETITION b I