Albert James v. Joseph Madison

[3251 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY, THE TWENTY NINTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 1686 OF 2019 Between:

Albert James, S/o. Late Harry James, Aged 53 years, Occ. Business, Fl/o Flat No.205, Vingage Manohar Apartment, Plot NO-67, Road No-7' Jyothi Colony, Picket, Secunderabad.

... PETITIONER/ACCUSED AND

1. Joseph Madison, S/o. Prem Madison, Aged 44 years, Occ. Business, R/o Villa 140, The Neighbourhood, Kompally, Ranga Reddy District.

2. The State of Telangana, Rep. by its Public Prosecutor' High Court of Judicature at Hyderabad ...RES'.NDENTS/..M,LA.NANT 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 order of the Xl Special Magistrate at Hyderabad dated 8-01-2019 dismissing the Crl.M.P.No.4661 of 2018 in CC.No.37 of 2O17 filed by the petitioner for compounding of the case and allow the same in the interest of equity and justice.

l.A. NO: 1 OF 2019 Petition under Section 4a2 of Cr.P.C praying that in the circumstances stated in the [Vlemorandum of Grounds of Criminal Petition,the High Court may be pleased to stay of all further proceedings in C.C.No. 37 oI 2017 on the file of Xl Special Magistrate at Hyderabad pending disposal of this petition in the interest of equity and justice pending disposal of the above criminal petition and pass This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K. V. Sekhar, Advocate for the Petitioner and Sri G. Jithender Reddy, for the Respondent No.'1 .and the Additional Public Prosecutor on behalf of the Respondent No.2.

The Court made the following: ORDER

THE HON'BLE SRIIUSTICE K.SURENDER CRIMINAL PETITION No. 1685 OF 2019 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner/accused to quash the dismissal order in Crl.M.P.No.4661 of 2018 in C.C.No.37 of 2017, dated 08.01.2019 on the file of the XI Special Magisrrate, Secunderabad.

2.

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

None appeared for the petitioner.

The petition was filed questioning the interim order passed in Crl.M.P.No.466t of 2018 in C.C.No.37 of 2017, dated 08.01.2019 by the learned Special Magistrate

X dismissing the petition filed by the accused to discharge him on the ground that he has filed DD for Rs.1,00,000/-. 5.

No interim orders were passed by this Court, when the case was filed.

6.

Accordingly, this Criminal Petition is disposed of keeping open the options for the petitioner to take all the defence in the trial Court.

Miscellaneous applications pending, If any, in this criminal petition, shall stand closed.

I ,.. .

SD/. MOHD. ISMAIL ASSISTANT R ISTRAR //TRUE COPY// SECTION FFICER To

1. The Xl Special Magistrate at Hyderabad.

2. Two CCs to the Public Prosecutor, High Court for the State of Telangana at HyderabadlOUTl

3. One CC to Sri K. V. Sekhar, Advocate [OPUC] '4. One CC to Sri Garlapati Jithender Reddy, Advocate [OPUC]

5. Two CD Copies SR/JAK d\u

HIGH COURT DATED:2911112023 /4.'

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ORDER

4.

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CRLP.No.1686 of 2019 DISPOSING OF THE CRL.P.

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