Yugandhar Ponamala v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE EIGHTHDAYOF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI IUSTICE K.SURENDER Criminal Petition Nos.2164 and 2762 o(2019 Crl.P.No.2164 of 2019 Between:

]gea1{n11 P-o1gmgla, S/o. Viswambhara Rao, Age. 35 years, Occ. Software, 11" U. No.30-328, Agrigold_Colony, Edulagudi, Miryalaguda, Natgonda Pj'JI,jlqlTqV t nU" 7472 ALLEMAIrDE, way Xpartment" 208, CHATTANNOGA, Tennessee State. 37427, IJSA.

AND _..petitioner/ Accused No.1_

1. The State of Telangana, High Court of Hyderabad, rep by its public Prosecutor.

2. !mt, Sujatha Raman, W/o. Yugender P. Age.38 years, Occ. Software Engineer, 4/ g.A. No. 1-5-21, Prashanath Nagar-Colony, Old Alwata, Secunderabad.

...Respondents.

Petition under Section 482 oI Cr.P .C praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to call for the orders pleased to passed impugned orders in CRLMP.NO.687/201.9 in FIR.NO.570I2018(PS ALWAL) on the file of the XXIII Metropolitan Magistrate, Cyberabad at Medchal and set aside the same as abuse for the process of law and pass such other order or orders may deem fit and property.

I.A. NO: LOF 2019 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 direct the respondent No.1 to return the pass port of the petitioner and to permit the petitioner to go to USA pending disposal of the above cri minal petition.

This Petition corning on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri G.L.Narasimha Rao, Advocate for the Petitioner and the public prosecutor

on behalf of the Respondent No.1 and of the Respondent No.2 not appearing in person ol through her counsel.

Crl.P.No.2'1,62t2019 Between:

JgSal{tq1 P-o-namala, S/o. Viswambhara Rao, Age. 35 years, Occ. Sofrware, I/: .H No.30-328, Agrigold Colony, Edulagudi, Miryalaguda, Natgonda Pjr_tl,j!. p_11':ry!y _at R/o. 7412 ALLEMANDE, Wiy Apartment" 208, CHATTANNOGA, Tennessee Stae. 37 427, IJSA.

AND

...Petitioner/petitioner./ Accused No.1.

1. The State of Telangana, High Court of Hyderabad., rep by its public Prosecutor.

2. 9mt, Sujatha Raman, W/o. Yugender P. Age.38 years, Occ. Software Engineer, B/g. U. No. 1-5-21, Prashanath Nagar Colony, Old Alwata, Secunderabad.

...Respondents.

Petition under Section 482 of Cr.P.C praying thar in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to call for the orders pleased to passed impugnec{ orders in CRLMP.No. 688 oI 2019 in FIR No. 570 of 201g (pS ALWAL) on the file of the XXIII METROPOLITAN MAGISTRATE CYBERABAD, AT Medchal and quash the same as abuse of the process of law and pass such other order or orders may deem fit and proper. I.A. NO: 1, OF 2079 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 permit the petitioner to go to USA, pending disposal of the above Criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal petition and upon hearing the arguments of sri G.L.Narasimha Rao, Advocate for the petitioner and the Public Prosecutor on behalf of the Respondent No.1 land of the Respondent No.2 not appearing in person or through her counsel. The Court made the following: COMMON ORDER

---7 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION Nos. 2154 &2762 OF 2019 COMMON 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 No.1 to quash the orders in Crl.M.P.Nos.687 and 688 of 2019, dated 1.6.04.2079 in F.I.R.No.570 of 2018 on the file of the XXIII Metropolitan Magistrate, Cyberabad at Medchal. The offence alleged i against the petitioner is punishable under Section 498-A of i Indian Penal Code (for short "IPC').

2.

Since the parties to these petitions are same and the petitioner is aggrieved by the Orders passed in the same Crime, both the petitions are heard together and disposed off by this common order.

3.

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

ii 4.

In both the applications, this Court by order, dated 25.04.2019 directed the Court below to return the passport and also permit the petitioner to travel abroad. However, cause does not survive at this length of time. Accordingly, these Criminal petitions are disposed of. Miscellaneous applications pending, if any, in this criminal petition, shall stand closed.

SD/ - P.CH.NAGABIJUSHAMBA ASSISTANT REG AR / /TRUECOPy/ / SECTION OFFICER To,

1. The XXIII Metropolitan Magistrate, Cyberabad at Medchal.

2. The Station House Officer, Alwal Police Station.

3. One CC to Sri G.L.Narasimha Rao, Advocate [OPUC]

4. One CC to the Public Prosecutor, High Court Buidlings, Hyderabad loPUCl.

5. Two CD Copies ICK NS fr^f^.

HIGHCOURT DATED:l9/12/2023 1t\E STA}F o ltii+ FtA i 17 v C)I e'

* .. lr D]:r. PAi C COMMONORDER Criminal Petition Nos.2164 and 2L62 of 2019 Disposing of the Criminal Petitions.

-Pr"( :\\ r \/r'