High Court for State of TelanganaCRLP/3351/2023disposed of no costs

Upputuri Naveen Kumar v. The State Of Telangana

2023-04-04K.Surender5 pages

[ 32s1 ] HIGH COURT FOR THE STATE OF TELANGANA TUESDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTYTHREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 3351 OF 2023 Between:

't. Upputuri Naveen Kumar, , S/o. Late Srinu, aged about 26 Years, Occ. Pvt. Job. Rl/o. H.No.18-500/2/1 , Mallikarjun Nagar, Under GHMC Malkajgiri Circle and Mandal, Medchal Malkajgiri District.

2. Smt. Upputuri Sujatha, W/o. Late Srinu, aged about 45 Years, Occ. Housewife, R:/o. H.No.18-5001211 , Mallikarjun Nagar, Under GHMC Malkajgiri Circle and Mandal, Medchal Malkajgiri District.

3. Smt. Yanamala Akhila, W/o. Y. Srikanth, aged about 20 Years, Occ. Student, Rl/o. Mallapur, Under GHMC Uppal Mandal, Medchal Malkajgiri District,

4. Upputuri Ramanaiah, , S/o. Yanadhi, aged about 60 Years, Occ. Nil, Rl/o. H. No. 5-189/1 , Mangapuram Colony, Moula-Ali, Medchal Malkajgiri District.

5. Upputuri Adhilaxmi, , Wo. Ramanaiah, aged about 56 Years, Occ. Housewife, Rl/o. H. No. 5-189/1 , Mangapuram Colony, Moula-Ali, Medchal Malkajgiri District.

6. Thanniru Brahmaiah, , S/o. Ramaiah, aged about 38 Years, Occ. Pvt. Job, Rl/o. H. No. 25-2911812, Ashok Nagar, Lingampally, Patencheru, Medak District.

...PETTTTONER/ACCUSED(S) AND The State of Telangana, , Rep. by its Public Proseculo.r, U!qft..Cqu.( f91!tle. State of Telangantthrough SHO PS. Malkaigiri, Medchal Malkajgiri District' Rachakonda Commissionerate.

Uoouturi Mounika. . W/o. U. Naveen Kumar aged about 25 Years, Occ' Pvt' JJ6. Ryo. H. No. tb-zesl9/15/A, Vasanthapuri colony, Under GHMC Malkajgiri Circle and Mandal, Medchal Malkajgiri District' ...RESPONDENT/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 o" ptea."o toto Quash the proceedings against the Petitioners / Accused No. 1, 2 and 4 to 6 in c.c. No.216112022 on the file of the Prl. Junior civil Judge-cum-

/ Metropolitan Magistrate, Medchal Malkajgiri District at Malkajgiri, in the interest of justice and equity, I.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 against the Petitioners i Accused No. 1, 2 and 4 to 6 including appearance of the Petitioners / Accused No. 1, 2 and 4 to 6 in C.C. No. 216112022 on the file of the Prl. Junior Civil Judge - cum - Metropolitan Magistrate, Medchal Malkajgiri District at Malkajgiri, pending disposal of the above Quash Petition in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri POLICE VENKAT REDDY ,Advocate for the Petitioner and the Public Prosecutor (TG) on behalf of the Respondent No.R1 .

The Court made the following: ORDER

Crl.Petition No-3351 of m23 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.3351OF 2023 ORD ER This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short'Cr.P.C.') by the petitionersAccused Nos.1 to 7 to quash the proceedings against them in C.C.No.2161 of 2022 pending on the file of Principal Junior Civil Judge-cum-Metropolitan Magistrate, Medchal Malkajgiri District at Malkajgiri.

Heard learned counsel for the petitioners - Accused Nos.1 to 7 and learned Additional Public Prosecutor for the respondent - State. Perused the record.

Learned counsel for the petitioners confined his prayer to dispense with the personal appearance of petitioners - Accused Nos.1 to 7.

Considering the submission of learned counsel for the ) petitioners, the attendance of the petitioners - Accused Nos.1 to 7 is dispensed with in C.C.No.2161of 2022 pending on the file of Principal lunior Civil Judge-cum-Metropolitan Magistrate, Medchal

Crl.Petition No.3351 of 2023 Malkajgiri District at Malkajgiri, when represented by their counsel on record. The attendance of the petitioners is dispensed with subject to filing affidavits by the petitioners 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. 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 when the Court directs, this order dispensing their attendance shall stand cancelled. 5.

Accordingly, the Criminal Petition is disposed of. Needless to say, in the event of the petitioners filing an application seeking discharge, if the charges are not yet framed, the concerned Court shall dispose it of on merits within a period of four (04) weeks, from the date of filing after hearing arguments on both sides. Miscellaneous applications pending, if any, shall stand closed. Sd/- A.V.S. PRASAD ASSISTANT REGISTRAR //TRUE COPY// \ SECTION OFFICER To, l.ThePrl.JuniorCivilJudge-cum-MetropolitanMagistrate'MedchalMalkajgiri at Malkaigiri, Malkajgiri District'

2. The SHO Malkajgiri PS, Rachakonda'

3. One CC to SRI POLICE VENKAT REDDY Advocate [OPUC]

4. Two CCs to SRl. PUBLIC PROSECUTOR Advocate [OPUC] \JrTwo CD Cooies

HIGH COURT KSJ Ti:

,., Ab .-r-\'

\.s \ DATED:0410412023 + CRLP.No.3351 of 2023 DISPOSSED OFF \L{