Kamatham Nagaseshan v. The State Of Telangana
132511
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAO THURSDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 4342OF 2023 Between:
'1. Kamatham Nagaseshan, S/o.K.Kaseemanna, Aged 46 years, occ Govt' Teacher (A-'t )
2. Kamatham Sujatha, w/o Kamatham Nagaseshan Aged 39 years, occ' Housewife (A-3)
3. D.Varalaxmi, W/o E.Naresh Kumar, Aged 37 years, Occ. Housewife (A-4) All are Ri/o H.No.12-87, Officers Colony Alampur X Roads, Undavally Jogulamba Gadwal District. (A-4) ...PETITIONERS/ACCUSED No.1, 3 & 4.
AND
1. The State of Telangana, through S.H.O', Undavally Police Station, Jogulamba Gadwal District, rep. by Public Prosecutor, High Court, Hyderabad.
2. T. Suresh Babu, S/o Raikumar, aged about 40 years, occ. Advocate, r/o Bonkar village Undavally Mandal, Jogulamba Gadwal District. ...RESPON DENTS/COMPLAINANT Petition under Section 482 ol 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 the proceedings in C.C.No.463 of 2022, on the file of Hon'ble Judicial First Class Magistrate At Alampur, and quash the proceedings.
l.A. NO:1O 20 3 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 dispense with filing of the certified copy of the C.C.No. 463 of 2022, on the file of Honble judicial first class magistrate a Alampur. l.A. NO: 2OF 2023 Petition under Section 482 oI Cr .P.C praying that in the circumstances stated in the lr/lemorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings including the personal appearance of the petitioners in C.C.No. 463 of 2022, on the file of Honble Judicial First Class Magistrate At Alampur.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri Karunakar Reddy, Advocate for the Petitioner and the Additional Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 and Respondent No.2 appearing in person or by advocate.
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.4342 0F 20/23 ORDER:
This Criminal petition is hled under Section 482 of the Code of Criminal procedure, l9Z3 (for short .Cr.p.C.) by the petitioners-accused Nos. 1 to 3 to quash the proceedings against them in C.C.No.463 of 2022 pending on the file of learned Judicial First Class Magistrate at Alampur. The offences alleged against them are punishable under Sections 452, 324,504 read with 34 of Indian penal Code. 2.
Heard learned counsel for the petitioners_accused Nos. I to 3 and learned Additional public prosecutor for the respondent - State. perused the record.
Learned counsel for the petitioners confined his prayer to dispense w.ith the personal appeara_nce of petitioners_ accused Nos. I to 3.
4'
considering the submission of learned counsel for the petitioners, the attendance of the petitioners _ accused Nos.2 and 3 are dispensed with in C.C.No.463 of 2022 pending on the file of learned Judicial First Class Magistrate at Alampur, , I
when represented bv their counsel on record. The attendance of the petitioners is dispensed with subject to filing an aJfidavit 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 appea_r when the Court directs, this order dispensing their attendance shail stand cancelled. No such relief is given so far as Petitioner/ accused No. 1 is concerned. 5.
Accordingly, the Criminal petition is disposed of. Needless to say, in the event of the petitioners filing an application seel<ing 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/.T.JAYAS ASSISTANT REGIS /TTRUE COPY// SECTION FFICER To, l.TheHonbleJudicialFirstC|aSStr/lagistrateAtAlampur,Jogulamba, , ?frSgilt3'itli8llse officer' Undavallv Police station' Josulamba Gadwal . ?fl'3t". to the Public Prosecutor' High court for the state of relangana at , glttttS S#-Lo*u*oKAR REDDY Advocate toPUCl
5. Two CD CoPies'
s
I I I HIGH COURT DATED:2710412023 \ iHE SI4 ,€.
13 Jtll'l 2M -)
ORDER
,t GRLP.No.4342 of 2023 DISPOSING OF THE CRL.P ffi-.