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High Court for State of TelanganaCRLP/3415/2023disposed of no costs

Pabba Vazra And 4 Others v. The State Of Telangana And Another

2023-04-10K.Surender6 pages

132s1 1

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 3415 OF 2023 Between:

1. Pabba Yazra, Wlo. Late P. Shankaraiah aged about 58 years, Occ. House Wife, Caste. Vysya, R/o. Krishna Nagar, Jagtiyal District (42)

2. Gali Sagarika, Wo. Gali Srikanth, aged about 3.1 years, Occ. House Wife, Caste. Vysya, R/o. H. No. 10-113, Peerzadiguda, Uppal, Medchal (A3)

3. Gali Srikanth, S/o. Gali Barraiah, aged about 33 years, Occ. Software Employee, Caste. Vysya, R/o. H.No. 10-113, Peerzadiguda, Uppal, Medchal. (A4)

4. Sama Hemalatha, Wo. Sama Rajendra Prasad, aged about 51 years, Occ House wife, Caste. Vysya, R/o. H.no. 4-8-132, Manleeranagar, Sanga Reddy District (A5)

5. Rajendra. Prasad, S/o. Sama Sathaiah aged about 60 years, Occ. House Hold, Caste. Vysya, Rio. H.no. 4-8-132, Manjeeranagar, Sanga Reddy District (A6) ...PETITIONER/ACCUSED NO.2 T,O 6 AND

1. The State of Telangana and another, Rep. by its Public Prosecutor, High court for the State of Telangana at Hyderabad

2. Kosi Shruthi, W/o. Sagar Pabba, aged about 34 years, Occ. House Wife,-' Caste. Vysya, Rlo.Flat No.20'1, HIG - 470, 6th Phase, KPHB Colony, Hyderabad.

...RESPONDENT/COM PLAINANTS 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 catl the records C.C. No. 9105/2022 of the lV AJCJ Cum XV Addl. Metropolitan Magistrate, Kukatpally, Cyberabad and quash the same against the petitioners holding that which is illegal and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case.

t.A NO: 1 OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Menrorandum of Grounds of Criminal Petitron, the High Court may be pleased to stay all further proceedings including appearance of the petitioners C.C. No. 910512022 on the file of the lV AJCJ Cum XV Addl. I\iletropolitan Magrstrate, Kukatpally. Cyberabad and pass such other order or orders as this Honourable Court deem fit and proper.

This Petition comrng on for hearing, upon perusing the Memorandum of Grounds of Criminal Petrtron and upon hearing the arguments of Sn K.V.SUBBA REDDY, Advocate for the Petitroner and the Additional Public Prosecutor for the state of Telangana on behalf of the Respondent No.1 and of None appeared for the Respondent No.2.

The Court made the following: ORDER

/ THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.3415 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 to 4-6 to quash the proceedings against them in C.C.No.9105 of 2022 pending on the file of IV AlCl-cum-XV Additional Metropolitan Magistrate, Kukatpally, Cyberabad. 2.

Heard learned counsel for the petitioners/ A-2 to 4-6 and learned Additional Public Prosecutor for the respondent - State. Perused the record.

3.

Learned counsel for the petitioners confined his prayer to dispense with the personal appearance of petitioners/ A-2 to A-6. 4.

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

i) the attendance of the petitionersl A-2 to 4-6 are dispensed with in C.C.No.9105 of 2022 pending on the file of IV AICJ-cum-

r{ XV Additional Metropolitan Magistrate, Kukatpally, Cyberabad, when represented by their counsel on record;

ii) the attendance of the petitioners is dispensed with subject to filing an affidavit 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; and iii) however, the petitioners shall appear before the learned Magistrate as and when their presence is required. In the event of the 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. In the event of such application being made, if the charges are not framed, the Court concerned 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/. T.JAYASR ASSISTANT REGI S AR //TRUE COPY// SECTI OFFICER To,

1. The lV AJCJ-cum-XV Additional Metropolitan Magistrate, Kukatpally, Cyberabad.

2 The Station House Officer, KPHB, Medchal.

3 One CC to SRI K.V SUBBA REDDY, Advocate [OPUC] 4 Two CCs to the PUBLIC PROSECUTOR, High Court for the State Of Telangana At Hyderabad. [OPUC]

5. Two CD Copies BSK g\K L i ll I il

HIGH COURT DATED:1010412023 'r\ r: S Ti' 7e ,,-'?

t1 5 Jilii ?il23 11r ,

ORDER

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CRLP.No.3415 of 2023 DISPOSING OF THE CRIMINAL PETITION $ Iu't,\ gs?-- ''tE