Smt Uma Mulugu v. The State Of Telangana

132511

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY, THE TWENTIETH DAY OF APRIL TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER cRIMINAL PETITION No: 3933 OF ?O23 Between:

1. Smt Uma Mulugu, W/o Rajendra Prasad aged about 52 years, Occ. House Wife

2. Sri. Rajendra Prasad Mulugu, S/o Mulugu Muthyalu aged about 59 years, Occ. Business,

3. Sri. Deekshith Malugu, S/o Rajendra Prasad Malugu Aged about.25 Occ. Pvt. Employee All 1 to 3 are r/o Both are R/o. 11-1-740, Chilkalaguda, Secunderabad.

4. Smt. Divya, Wo K. Vijay Aged about. 32, Occ- House wife Rl/o C/o Mulugu Rajendra Prasad, H.No. 17-1-382lK1lNl103 SVRS Neeladri Apartrnent, Opp. Govt Press Colony Kaman, Champapet, Saidaba, Ranga Reddy District, TS500079

...Petitioner/Accused 2 to 5

AND 1 . The State of Telangana, rep public prosecutor, High Court of Hyderabad.

2. Smt. Laxmi Priya Malugu, Wo Raju Dinesh Malugu, aged about 28 years, Occ. Software employee, R/o. H.No. 24'AO1fi, Panchasheela Colony, Ranga Reddy Nagar, Balanagar, Hyderabad, Telangana.

...Respondents

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 pleaseij to quash the proceedings/charge sheet in NEW C.C.No 74OB of 2022 and Old CC.No.5370/2021 on the file of Xlll Addl Metropolitan Magistrate, at Kukutpally, Medchal-Malkajgiri District, against the Petitioners 1 to 4/Accused 2 to5

l.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 of all further proceedings in NEW C.C.No 7408 of 2022, on the file of Xlll Addl Metropolitan l\,4agistrate, at Kukutpally, tvledchal-Malkaigiri District, OLD CC No. 5370 oI 2021 Ii This Petition coming on for hearing, upon perusing the Memorandum of Ground.s of Criminal Petition and upon hearing the arguments of Sri P. RADHIKA SHART\4A, Advocate for the Petitioner and the Additional 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 ]USTICE K.SURENDER CRIMINAL PITITION No.3933 OF 2023 o RD ER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short'Cr.P.C.) by the petitioners - accused Nos.2 to 5 to quash the proceedings initiated against them in C.C.No.7408 of 2022 (old C.C.No.5370 ot 2021) pending on the file of learned XIII Additional Metropolitan Magistrate at Kukatpally, Medchal Malkajgiri District. The offences alleged against them are punishable under Sections 498-A of Indian Penal Code (for short "IPCJ and Sections 3 and 4 of Dowry Prohibition Act. 2.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent No.1 - State. Perused the record.

3.

Though the petitioners have raised several grounds to quash the proceedings in the aforesaid case, learned counsel for the petitioners requested this Coud to dispense with the appearance of the petitioners - accused Nos.2 to 5, in the aforesaid case before the trial Court.

J

4.

Considering the submission of learned counsel for the petitioners; the Criminal Petition is disposed off with the following directions:

l i) The attendance of the petitioners - accused Nos'2 to 5 is dispensed with in C.C.No.740B of 2022 (old C'C'No'5370 of 202t) pending on the file of learned XIII Additional Metropolitan Magistrate at Kukatpally, Medchal Malkajgiri District, when represented by their counsel on record.

ii) The attendance of the petitioners is dispensed with subiect 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' 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 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 concerned Court. In the

event of such application being made, if the charges are not framed, the concerned Court shall dispose it off on merits, within a period of four weeks from the date of filing, after hearing l arguments on both sides.

Miscellaneous applications pending, if any, shall stand closed. Sd/- V. KAVITHA ASSISTANT REGISTRAR //TRUE COPY// ,| / SECTIO FICER k To,

1. The XIll Addl Metropolitan Magistrate, at Kukutpally, Medchal-Malkajgiri District

2. The Station House Officer, Balanagar (CyB) police Station, Cyberabad District.

3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad.(OUT)

4. One CC to SRl. P. RADHTKA SHARMA, Advocate tOpUCl

5. Two CD Copies kam * l l ir

HIGH COURT KS,J DATED:2010412023 .s ".1.

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..3,

ORDER

CRLP,No.3933 of 2023 DISPOSING OF THE CRIMINAL PETITION (n n ls\vt