Sampooranamsivakumar, v. State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD IMONDAY, THE NINETEENTH DAY OF APRIL TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 3065 OF 2021 Between:

1. Sampooranam Sivakumar, W/o. Siva Kumar, Aged about,63 years, Occ. House hold, R/o. No.124, Gokul Nagar, 4th Cross Street, Rajakilpakkam, Sembakkam, Selayur, Kancheepuram,Tamilnadu-800073.

2. Siva Kumar, S/o.Late Subrahmanyam, aged about.61 years, Occ. Retired Pvt. Service, RVo. No.12A, Gokul Nagar, 4thCross Street, Rajakilpakkam, Sembakkam, Selayur, Kancheepuram, Tamilnadu-800073.

...Petitioners/Accused No.2 and 3

AND

1. State of Telangana, through S.H.O., Chandanagar, Cyberabad, represented by Public Prosecutor, High Court of Telangana, Hyderabad. . . . RespondenUResponde nt

2. Smt. Apoorva, D/o. Srinivasan, and W/o. Guruprasad, Occ. House hold, R/o Villa No.50, Lakshmi Vihar, Phase-2, Nallagandla, Hyderabad-500019. RespondenUDefacto 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 Coud may be pleased to call for the record of CC. 530 of 2020 on the file of the X Additional Metropolitan Magistrate, Cyberabad at Kukatpally, for the offenses under section-498A and Sec. 3 and4 of Dowry Prohibition Act and quash the proceedings thereon. l.A. NO: 1 OF 2021 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 grant stay of all further proceedings in CC No 530 of 2021 on the file of the X Additional Metropolitan Magistrate Cyberabad, at Kukatpally. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Smt G. Malathi, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No.1 and of the Respondent No.2 not appearing in person or by Advocate.

THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION No.3O65 OF 2O2L ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C., to quash the proceedings in C.C.No.530 of 2021 pending on the file of the X Additional Metropolitan Magistrate, Cyberabad, at Kukatpally. The petitioners herein are accused Nos.2 and 3 in the said C.C. The offences alleged ) ) I against them are under Section 498-4 of IPC and Sections 3 and 4 of Dowry Prohibition Act 2.

Heard Ms.G. Malathi, learned counsel for the petitioners and learned Public Prosecutor. Perused the Record. 3.

Learned counsel for the petitioners though raised several grounds and contentions seeking to quash the proceedings in C.C.No.53O of 2021, she is restricting her relief only to the extent ol dispensing u,ith the presence of petitioners herein / Accused Nos.2 and 3 in the said C.C. The petitioners herein are old aged parents of A- I 4.

Considering the above said submissions, this Criminal Petition is disposed of dispensing with the presence of the petitioners herein I A-2 and A-3 in C.C.No.530 of 2O2l pending on the file of the X Additiona-l Metropolitan Magistrate, Cyberabad, at Kukatpally. However, petitioners herein lA-2 and A-3 sha1l appear before the court below as

and when their presence is required. Liberty is also granted to the petitioners to file discharge application before the Court below. It is made clear that the proceedings against Accused No.1 in C.C.No.530 ol 2O2l may go on and he sha1l appear in the said C.C.

5.

Miscellaneous petitions pendrng, if any, sha1l stand closed.

ffi-__ Sd/.N.CHANDRASEKHAR RAO ASSISTANT BEGISTRAR tfi SECTION OFFICER //TRUE COPY'

To,

1. The X Additional l\,4etropolitan Magistrate, Cyberabad at Kukatpally.

2. The Station House Officer, Chandanagar Police Station Cyberabad Commissionerate.

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

4. One CC to Smt G. Malathi, Advocate IOPUC]

5. Two CD Copies [/IUK *-

HIGH COURT KLJ DATED:1 9/0 412021

ORDER

CRLP.No.3065 of 202'l fA ia + Jco zo 3 0 APB 2021 Os DISPOSING OF THE CRIMINAL PETITION.

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