Sapavath Bhaskar v. The State Of Telangana
132s1 | HIGH COURT FOR THE STATE OF TELANGANA TUESDAY ,THE TWENTY FIFTH DAY OF APRTL TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 4148 OF 2023 Between:
1. Sapavath Bhaskar, S/o Laxman, Aged 32 years, Occ. Govt. Teacher, Rl/o. Jeeyaguda, Hyderabad.
2. Sapavath Gomli, W/o Laxman, Aged 55 years, Occ House Wife, R/o . Lingala Village and Mandal, Nagarkarnool District.
3. Sapvath Suresh, S/o Laxman, Aged .27 Years, Occ Auto Driver, Rt/o Khairathabad, Hyderabad.
4. Devsoth Thirupathi, Wo Narayana Singh, Aged 40 Years, Occ. Coolie, R/o Jeeyaguda, Hyderabad.
...PETtTrON ERyACCUSED(S) AND
1. The State of Telangana, Rep. by public prosecutor High court at Hyderabad.
2. Malothu Vasantha, D/o Mangya, Age . 28 years, Occ . House Wife, Fl/o . Hemachandrapuram Village, Laxmidevipalli Mandal. ...RESPONDENT/COMPLAINANTS Petition under Section 437143814391482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased toto quash the proceedings against the petitioners Al to 44 in C.C. No.2358 ot 2022 pending on the file of the Honourable lll Additional Judicial First Class Magistrate, at Kothagudem and pass 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 grant stay of all further proceedings including appearance of the petitioners Al to A4 in C.C. No. 2358 of 2022 pending on the file of the Hon'ble lll
Additional Judicial First Class {Vlagistrate, at Kothagudem, pending disposal of the main quash proceedings 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 IVl V HANUMANTHA RAO ,Advocate for the Petitioner and the Public Prosecutor (TG) on behalf of the Respondent No.1 The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.4148 OF 2o23 ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short'Cr.P.C.') by the petitioners No.1 to 4 herein to quash the proceedings against them in CC No.235B of 2022 on the file of learned III Additional Judicial First Class Magistrate at Kothagudem. The oflences alleged against them under Section 498(A) of IPC 2.
Heard learned counsel lor the petitioners and learned Additional Public Prosecutor for the respondents - State. Perused the record.
3.
Learned counsel for the petitioners confined his prayer to dispense with the personal appearance of petitioners. 4.
Considering the submission of learned counsel for the petitioners, the attendance of the petitioners No.2 to 4 herein are dispensed with in CC No.2358 of 2022 on the file of learned III Additional Judicial First Class Magistrate at Kothagudem, when represented by their counsel on record
and subject to filing an affidavit by the petitioners stating that in their absence the proceedings conducted by their counsel will not be disputed b1, them in any manner and shall not dispute their identity also- Horvever, the petitioners shall appear before the learned Magistrate as and when their presence is required. In the event of fajlure of the petitioners to appear when the Court directs, this order dispensing their attendance shall stand cancelled. No such relief is granted to petitioner No. 1.
5.
Accordingly, the Criminal Petition is disposed of. Miscellaleous applications pending, if any, shall stand closed.
SdI. MOHD. ISMAIL ASSISiANT REGISTRAR i/TRUE COPY// \ SECTION OFFICER To, ',
1. The lll Additional Judicial First Class Magistrate' at Kothagudem" 2.TheSHoLaxmidevipalliP.S.,Chunchupalli,BhadradriKothgudem.'
3. One CC to SRI M'V'HANUMANTHA RAO' Advocate [OPUCI Hish court ror the state or ;: +yg"?:t:Xffir:y,?:fr3[osEcuroR'
5. Two CD CoPies Psk.
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HIGH COURT DATED:2510412023 L.rv* n CRLP.No.4148 of 2023 = h '1,) . *t.
.\/l ,'/ r'|'''O '\-:*:J:./ DISPOSSED OFF @4s W