Dr.Sangeetha Seth v. The State Of Telangana

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY ,THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 1807 OF 2023 Between:

1. Dr.sangeetha Seth, W/o.Ajay Seth, Aged.58 years, Occ. Practicing doctor, R/o. H.No.2-2-18118-4-28, DD Colony, Amberpet, Hyderabad.

2. Dr.Ajay Seth, S/o.Late Sudarshan, Aged. 59 years, Ocq. Ophthalmologist, R/o.- H.No.2-2-18118-4-28, DD Colony, Amberpet, Hyderabad. Presently residing at 31GF, Primrose Avenue, Sector S2,Gurugram 122004. ...PETITIONER/ACCUSED No.1 & 2 AND

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

...RESPONDENT

2. Sri.Vinod Arora, S/o.J.R.Arora, Aged. 72 years, Occ.Rtd Private Seryice, R/o.Flat No.21'1, Sai Durga Garden, Nacharam Main Road, Medchal District. ...RESPONDENT/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 against the petitioners herein/Accused No. 1 and 2 in C.C.No.7008 of 2019, before the Hon'ble !V Addl. Chief Metropolitan Magistrate, Nampally, Hyderabad, in the interest of justice. ( 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 in C.C.No.7008 of 2019, before the Hon'ble lV Addl. Chief Metropolitan Magistrate, Nampatly, Hyderabad, including

the appearance of the petitioners rein, in the interest of justice and pass such other order or orders as the Hon'ble Curt may deem fit. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Smt. K. Sri Devi ,Advocate for the Petitioner and the Additional Public Prosecutor (TG) on behalf of the Respondent No.1.

The Court made the following: ORDER

KS,J Crl.P.No.1807_2023 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.1807 of 2023 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, t973 (for short 'Cr.P.C.) to quash the proceedings in C.C.No.700B of 20L9 pending on the file of IV Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, filed for the offences under Section 448, 427, 34L rlw 34 of Indian Penal Code (for short "IPC").

2.

Heard learned counsel for the petitioners - Accused No.1 and 2 and learned Additional Public Prosecutor for the respondent-State. Perused the record.

3.

On perusal of the facts and circumStances of the case, the accused has to undergo the trial to prove his defence and the same cannot be considered and quash the proceedings. 4.

Accordingly, there are no grounds and the Criminal Petition is dismissed. In the event of the petitioners-accused Nos.1 and 2 filing an application under Section 205 of Cr.P.C., to be represented by a

KS,J Crl.P.No.1807 2023 counsel, the same shall be considered by the Trial Court without hindrance to the trial.

Miscellaneous applications pending, if any, shall stand closed. SD/-MOHD. SANAULLAH ANSARI ASSISTANT REGISTRAR //TRUE COPY/ SECTION OFFICER To,

1. The lV Additional Chief Metropolitan Magistrate, Nampally.

2. One CC to Smt. K. Sri Devi, Advocate [OPUC]

3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUTI

4. Two CD Copies obr" \-y

HIGH COURT DATEDi 2210212023 ',1 .,;i'i ii'i .... )-,..

ORDER

CRL.P.No.1807 of 2023 DISMISSING THE CRIMINAL PETITION