Raghu, Raghavender v. Varre Kondamma , Gorre Kondamma And Another

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 2885 OF 2023 Between:

Raghu @ Raghavender, S/o A.Venkatramulu, aged about 38 years, Occ. RMP Doctor, Rl/o Kollampalle Village, Narayanpet Mandal and Dist ...PETITIONER/ACCUSED NO.5 AND

1. Varre Kondamma @ Gorre Kondamma, W/o Varre Narsappa, aged about 47 years, Occ. Coolie, Rl/o Kollampalle Village, Narayanpet Mandal and Dist

2. The State of Telangana, rep. by its Public Prosecutor, High Court of Telangana, Hyderabad ...RESPONDENTS 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 in Spl S.C. No.365 of 2021 . in respect of sec 313 IPC Sec 16 rlw 17 of POCSO, Act 2012, Sec 3(2) (v) of SC, ST Act against the petitioner i Accused No.S only on the file of the Court of Fast Track Special Sessions Judge's Court for Expeditious Trial and Dlsposal of Rape and Pocso Cases: Narayanapet and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case. l.A. NO: 1OF 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 Spl S.C. No.365 ot 2021 on the file of the Court of Fast Track Special Sessions Judge's Court for Expeditious Trial and Disposal of Rape and Pocso Cases: Narayanapet including appearance of the petitioners and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of STi.G.SATYANARAYANA YADAV, Advocate for the Petitioner and of the Additional Public Prosecutor for the State of Telangana on behalf of the Respondent No.2 and None Appeared for the Respondent No.1.

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITIO N No.2885 OF 2023 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, L973 (for short 'Cr.P.C.) by the petitioner - accused No.5 to quash the proceedings against him in Special S.C.No.365 of 2021 pending on the file of Court of Fast Track Special Sessions Judge for Expeditious Trial and Disposal of Rape and POCSO Cases, Narayanpet. The offences alleged against him are punishable under Sections 376(2)(i)(n), 2t4,313,506 read with 109 of Indian Penal Code (for short "IPC'), Sections 50xii), (l) read with Section 6 and Section 16 read with Section 17 of the Protection of Children from Sexual Offences Ac-, 20L2 and Section 3(2Xv) of SC/ST Act, 1989.

2.

Heard learned counsel for the petitioner, learned counsel for the 1't respondent and learned Additional Public Prosecutor for the respondent No.2 - State. Perused the record.

3.

Learned counsel appearing for the 1't respondent would submit that he has no objection if the proceedings against the

petitioner are quashed, in accordance with the order dated i 22.03.2021 passed in Criminal Petitlon No.5229 of 2020. 4.

This Court by orders datd 22.03.2021 and 20.01.2023 in Criminal Petition Nos.5229 of 2020 and 589 of 2023 has quashed the proceedings against the accused Nos.6, 7 & 9 and accused Nos.8, 10 & 11 respectively, in the subject calendar case. 5.

According to the charge sheet, this petitioner is arrayed as accused No.5 and he also stands on the same footing as that of accused Nos.6 to 11. For the reasons mentioned in the order dated 22.03.202L in Criminal Petition No.5229 of 2020, the proceedings against this petitioner - accused No.5 are also liable to be quashed. 6.

Accordingly, the Criminal Petition is allowed and the proceedings against this petitioner - accused No.5 in S.C.No.365 of 2021 pending on the file of Court of Fast Track Special Sessions Judge for Expeditious Trial and Disposal of Rape and POCSO Cases, Narayanpet, are hereby quashed. The order passed by this Court in Criminal Petition No.5229 of 2020 on 22.03.202L, shall form paft of this order.

Miscellaneous applications pending, if any, shall stand closed. Sd/-T.JAYASREE ASSISTANT REGISTRAR //TRUE COPYII qD \ SECTION OFFICER To

1. The Fast Track Special Sessions Judge's Court for Expeditious Trial and Disposal of Rape and POCSO Cases, Narayanapet.

2. The Station House Officer, P.S., Narayanpet.

3. One CC to Sri G.Satyanarayana, Advocate [OPUC]

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

5. Two CD Copies Kj $z-

HIGH COURT DATED:2110312O23 E ETA (< 1Yl llt['( t a ?u3 J o.

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ORDER

'.- CRLP.No.2885 ot 2023 THE CRL.P. IS ALLOWED.

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