Prudhvi Raju Kuisampadi v. The State Of Telangana

[ 338s ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY,THE FOURTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR PRESENT, THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: 2952 OF 2024 Between:

Prudhvi Raju Kuisampadi, Aged 28 years, Occ Employee, Fi/o Flat No.512, J. Block, Jains Aishwarya Layout, Khajasuda, Gachibow,l.E$?l?Bl,toAccusEo AND

1. The State of Telangana, Through Public Prosecutor at High Court P. S. Banjara Hills, Hyderabad.

2. Konthain Shivaram Reddy, S/o Mahipal Reddy aged 32 years, Occ Business, R:/o H. No. 8- 8- 24213, Road No.9, Green Park Colony, Karmanghat, Hyderabad.

3. Bhuvida Limited, Rep by lts Director, Sri Mahesh, Plot No. 66, Road No. 2, Banjara Hills' Hyderabad'

...RES,.NDENTS/..M'LATNANTS 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 docket order dated 19. 02. 2024 CC No. 840 of 2022 on the file of Special JFCM Excise- cum- V Additional Metropolitan Magistrate- cum- V Additional Junior Civil Judge, Cyberabad at LB Nagar, issuing NBW to the person who received the summons, in the interest of justice. l.A. NO: 1OF 2024 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courl may be pleased to suspend the docket order dated 19. 02. 2024 in CC. No 84O of 2022 on the file of Special JFCM Excise- cum- V Additional Metropolitan Magistrate- cumV Additional Junior Civil Judge, Cyberabad at LB Nagar, in the interest of justice and to pass such other and further orders as the Court may deem fit and proper in lhe circumstances of the case.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition aM upon hearing the arguments of Sri P Rama Sharana Sharma, Advocate for the Petitioner and of Sri S. Ganesh, learned Asst. Public Prosecutor on behalf of the Respondent No.1 and of the Respondents No.2 & 3 is not appearing in person or by AdvocateThe Court made the following: ORDER

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.2952 of 2024 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner seeking to quash the docket order dated 19.02.2024 in C.C.No.84O of 2022 on the file of Special JFCM Excise-cum-V Additional Metropolitan Magistratecum-V Additional Junior Civil Judge, Cyberabad at LB Nagar.

2.

Hearcl Sri P. Rama Sharana Sharma, learned counsel for the petitioner and Sri S. Ganesh, learned Assistart Public Prosecutor for respondent No.1 - State' 3.

Learned counsel for the petitioner submitted that this petition is flled against the order of the trial Court dated 19.O2.2024 in C.C.No.84O of 2022' wherein the trial Court has issued NBW to the person unconcerned to the case. As -t per the averments of the petitioner, the petitioner herein is not the Managing Director of the company, accused No. I is I the Managing Director of the company. The address mentioned in the complaint is Plot No.66, Road No.2,

Banjara Hills, Hyderabad, Telangana, whereas, the summons were served to the different address. The person who has taken summons on behalf of the accused No. 1 was issued NBW.

4. It is further submitted that the trial Court while ordering NBW observed that, whenever summons issued on one person, it means he or she is representing on behalf of company. As such, the trial Court has issued NBW to the petitioner herein, as in the complaint no narne was mentioned as to who is representing the said accused No. I company.

5.

In view of the above facts and circumstances, this Court is inclined to set aside the order of the trial Court dated 19.02.2024 in C.C.No.84O of 2022 and the rrial Court is directed to issue summons to the proper person. 6.

Accordingly, the Criminal Petition is disposed of. Pending miscellaneous petitions, if any, in this Criminal Petition shall also stand closed.

Sd/. C. PRAVEEN KU ASSISTANT REGI AR R //TRUE COPY// SECTION OFFICER To,

1. The Special JFCM Excise- cum- V Additional Metropolitan Magistrate- cum- V Additional Junior Civil Judge, Cyberabad at LB Nagar,

2. The Station House Officer, Banjara Hills police Station, Hyderabad.

3. One CC to Sri P. Rama Sharana Sharma, Advocate tOpUCI \ a. Two CCs to Public Prosecutor, High Court for the State of Telangana (OUT)

5. Two CD Copies BJLB/NJB

HIGH COURT DATEO:1410312024 t

ORDER

CRLP.No.2952 of 2024 4 Ii ri,:,,;"] 'i lir .,.) CRIMINAL PETITION IS DISPOSED OF e4q\q