A.V.S.S. Viswanath v. M.V.V. Prasad
[ 32sl I HIGH COURT FOR THE STATE OF TELANGANA THURSDAY,THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMI NAL PETITION NO: 8551 OF 2018 Between:
A.V.S.S. Viswanath, Occ - Private Employee, Rlo. 21-13312, Plot No. 30, Panchavati Uttam, Near Safilguda Railway Station, Malkajgiri, Hyderabad. .PETITIONER/ACCUSED ANO
1. M.V.V. Prasad, Occ - Private Employee, PUo.12-11-242, Flat No. F1, 1st Floor, Thirumaia Residency, Brahmana Basthi, Warasiguda, Secunderabad.
2. The State of Telangana, Rep by its Public Prosecutor, High Court at Hyderabad, Hyderabad.
...RESPONDENTS/COMPLAINANTS 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 call for the records relating to Crl.M.P.No 28971201l in C.C.No. 180/2016 on the file of the XIX Special Magistrate, Hyderabad and quash the orders in Crl.M.P.No. 289712017 in C.C.No. 18012016 daled 24-01-2018. l.A NO:1 oF 2018 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the affidavit filed herewith, the High Court may be pleased to grant Stay of all further proceedings in C.C.No. 18012016 on the file of XIX Special Magistrate, Hyderabad including appearance of the Petitioner, pending disposal of the above Crl.P.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of -Criminal Petition and upon hearing the arguments of Sri P NAGENDRA REDDY ,Advocate for the Petitioner, the Public Prosecutor (fG/AP) 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 PETITION No.8 551 0F 2018 oRDER:
This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 7973 (for short 'Cr.P.C.') is filed by the petitioner/accused seeking to quash the order, dated 24.OI.2OL8 passed in Crl.M.P.No '2897 of 2QL7 in C.C.No.180 of 2016 by the learned XIX Special Magistrate, Hyderabad.
2. Heard learned counsel for the petitioner/accused and learned Assistant Public Prosecutor representing respondent No.2-State.
3. The petitioner/accused filed Crl.M.P'No.2897 of 2Ot7 under Section 311 of Cr'P.C. before the trial Court seeking permission to recall P.W.1 for the purpose of further chiefexamination and also for marking of documents.
4. It is the case of the complainant that erroneously the petitioner filed chief-affidavit and documents pertaining to some other case, i.e., C.C.No.215 of 2Ot7 in the present case. \ \ Considering the said submission, the learned Magistrate found that chief-affidavit which was earlier filed has been eschewed and permitted to file a fresh chief-affidavit once again along with the documents which were relevant to the case.
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5. Learned counsel for the petitioner would submit that once chief-affidavit is filed, there are no circumstances to eschew the chief-affidavit. The very eschewing of the chief affidavit earlier was found fault by this Court and granted stay of all further proceedings in the subject C.C.No.180 of 2Ot6 vide order, dated 14.08.2018.
6. Admittedly, the complainant had filed chief-affidavit and documents which do not pertain to the present case. In the said circumstances, this Court deems it appropriate to permit the comptaipant to adduce evidence. Further, the earlier documents and chief-affidavit shall not be eschewed from evidence since consideration of the earlier chief-affidavit and the documents can be dealt with at the time of final arguments.
7. With the above observations, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
SO/. P.GOWRI SHANKAR ASSISTANT REGISTRAR //TRUE COPY// <.,/ uSECTION OFFICER To, XIX Special Magistrate, HYderabad cc ro bRl. P NAGENDRA REDDY Advocate [oPUC] CQio The Public Prosecutor, High Court' Hyderabad (OU) The . Two CD CoPies v ffi
HIGH COURT DATED:2811212023 , o -I .\^ )\'
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ORDER
i''-.) N CRLP.No.8551 of 2018 :'/, i tCitl * CRLP. IS DISPOSED OF & +cef{6