Vaddiboina Narayana v. The State Of Telangana

132s1 l

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY, THE TWEhITY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 3051 OF 2023 Between:

'1 . Vaddiboina Narayana, S/o. Sailu, aged 71 years, occ. rtd Bank. Manager Rl/o. H no.2-10-288 to 2911E1105 GMR Brundavan, Waddepally, Hanamkonda

2. Vaddiboina Saraswathi, W/o. Narayana, aged 65 years, Occ. House wife, R/o. H no. 2-10-288 to 291lEl1O5 Gl\lR Brundavan, Waddepally, Hanamkonda ...PETITIONERS/ACCUSED NO. 2 & 3 AND

1. The State of Telangana, Rep. by Public Prosecutor High Court at Hyderabad for the State of Telangana ,.:r

2. Juluri Bindu Madhavi, Wo. Vaddiboina Sathish Babu Aged 34 years, occ. panchayat secretary Grade lV N/o. H No. 19-139, juluru Vari street, Murali Nagar Kanuru, Vijayawada, AP, presently residing at Flat No. C8, River crest Apartment, Behind Avenue Hospital '1st Parklands Avenue, Wambugu Close, Nairobi, kenya ...RESPONDENT/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 Courl may be pleased to QUASH the proceedings in C.C. No. 107312022 on the file of the court of the Hon'ble V Additional Judicial First Class Magistrate at Warangal against the petitioners/ accused 2 & 3 l.A. NO: 2OF 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.

l.A. NO: 1 OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with the filing of the certified copy of C.C. No. 107312022 on the file of the court of the Hon'ble V Additional Judicial First Class [,4agistrate at Warangal This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri AJAY KUMAR IVADISETTY, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No. 2 The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.3O51 OF 2023 ORDER:

This criminal petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners/A-2 and A-3 to quash the proceedings against them in C.C.No.1073 of 2022 pending on the file of learned V Additional ludicial Magistrate of First Class, Warangal.

2.

Heard learned counsel for the petitioners/A-2 and A-3 and learned Additional Public Prosecutor for respondent No.l - State. Perused the record.

3.

Learned counsel for the petitioners confined his prayer to dispense with the personal appearance of petitioners/A-2 and A-3. 4.

Considering the submission of learned counsel for the petitioners; the criminal petition is disposed of with the following t \ directions:

i) the attendance of petitioners/A-2 and A-3 in C.C.No.1073 of 2022 pending on the file of learned V Additional Judicial Magistrate of First Class, Warangal., is dispensed with;

.- ii) the attendance of the petitioners is dispensed with subject to petitioners filing an affidavit stating that in their absence, the proceedings conducted by their counsel will not be disputed by them in any manner and shall not dispute their identity also; and iii) however, the petitioners shall appear before the learned Magistrate as and when their presence is required. In the event of failure of the petitioners to appear as and when the Court directs, this order, dispensing their attendance, shall stand cancelled. 5.

Needless to say, the petitioners are at liberty to file an application seeking discharge before the Court concerned. Upon filing such application, lf the charges are not framed, the Court concerned shall dispose the same on merits, within a period of four weeks from the date of filing, after hearing arguments on both sides. Miscellaneous applications pending, if any, shall stand closed. Sd/- P .CH. NAGABHUSHAMBA - ASSISTANT REGISTRAR ( 71) SECTION OFFICER ,TRUE COPY// To,

1. The V Additional Judicial First Class Magistrate at Warangal

2. The Station House Officer, Women Police Station' Warangal City

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

4. One CC to SRl. AJAY KUMAR MADISETTY Advocate [OPUC] 5, Two CD Copies VIl o"2N\x

HIGH COURT KS, J DATED: 2710312023 t{E STA Ia ,1-)o 15 HAY z[?l (.1, .1.

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ORDER

GRLP.No.3051 of 2023 DISPOSING OF THE CRIMINAL ?EflNDN @.", 6\q\irr