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High Court for State of TelanganaCRLP/4620/2021disposed of no costs

Mendikar Srinivasulu And Another v. The State Of Telangana And Another

2023-11-29K.Surender5 pages

[ 32sl ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY,THE TWENry NINTH DAY OF NOVEMBER TWO THOUSAND AND TWENry THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO:4620 OF 2O2'l Between:

'1 . Mendikar Srinivasulu and another, s/o Pentoji, aged about 5'l years, occ. Journalist, r/o H,No. 4-9-114 Brundavan Colony, Hayathnagar, R-R.District.

2. IVlerdikar Bhagyamma, w/o Srinivasulu, aged About 36 years, occ. Housewife, rio H No. 4-9-114 Brundavan Colony, Hayathnagar, R.R.District, ...PETITIONER/ACCUSED.No.1 & 2.

AND '1 . The State of Telangana , through S.H.O, Hayathnagar Police Station, Rachakonda Commissionerate, rep. By Public Prosecutor High Court, Hyderabad.

2. Hajari Ganesh, s/o Late Narayana Rao, aged 59 years, occ. Govt. Retired Employee, r/o H.No. 3-6-1251303, Gate No. 18 Hayathnagar, Hyderabad. ...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 be pleased to call for ihe records relating to the charge sheet in C.C.No. 973 of 2020 on the file of the XXIV Addl. Metropolitan Magistrate, Cyberabad at Hayathnagar and quash the proceedings thereon, and to grant. l.A. NO: 2OF 2021 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 the appearance of the petitioners herein in C.C.No. 973 of 2020 on the file of the XXIV Addl. Metropolitan Magistrate, Cyberabad at Hayathnagar, pending disposal of the Criminal Petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri RAPOLU BHASKAR, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.'1 and None Appeared Advocate for the Respondent No. 2. The Court made the following: ORDER

THE HONOURABLE SRI JUSTTCE K.SURENDER CRIMINAL PETITION No.462O of 2O2L ORDER:

This Criminal Petition is hled under Section 482 of the Code of Crimina,l Procedure, 1973 (for short 'Cr.P.C.') by the petitioners/Al & ,A,2 to quash the proceedings against them in C.C.No.973 of 2O2O on the file of XXIV Additional \\ 1 \ Metropolitan Magistrate, Cyberabad at Hayathnagar. The I ( offences alleged against the petitioners are under Sections 447 and 427 of the Indian Penal Code.

2. Heard learned counsel for the petitioners/Al & 42, and learned Additional Public Prosecutor for the respondentState. 3.

On perusal of the facts and circumstances of the case, petitioners/ A2 1nave to undergo the trial to prove their defence and the same cannot be considered and quash the proceedings.

) l 4.

Accordingly, there are no grounds and the Criminal \ Petition is dismissed. However, in the event of the

w petitioners/A1 & A2 filing an application under Section 205 of Cr.P.C., to be represented by a counsel, the same shall be considered by the Tria-l Court, by imposing conditions, without hindrance to the trial.

Miscellaneous applications pending, if any, shall stand closed.

SD/-P. NAGABHUSHAMBA ASSISTANT REGISTRAR I //TRUE COPY// SECTION OFFICER To,

1. The XXIV Addl. Metropolitan Magistrate, Cyberabad at Hayathnagar.

2. The State of Telangana and another, through S.H.O, Hayathnagar Police Station, Rachakonda Commissionerate, rep. By Public Prosecutor High Court, Hyderabad.

3. Hajari Ganesh, s/o Late Narayana Rao, aged 59 years, occ. Govt. Retired Employee, r/o H.No. 3-6-125/303, Gate No. 18 Hayathnagar, Hyderabad.

4. One CC to SRI RAPOLU BHASKAR Advocate [OPUC]

5. One CC to SRl. PUBLIC PROSECUTOR (TG) Advocate [OPUC]

6. Two CD Copies USR MY o

I / HIGH GOURT DATED:2911112023 o ( l (' \,,..

co o 1E APB 2024 * * D8sPATCP.

E-O

ORDER

CRLP.No.4620 ot 2021 ISPOSING THE CRLP. WITHOUT COSTS.

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