Sirigiri Kishore Kumar And 4 Others v. The State Of Telangana And Another
i [ 32se ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD MONDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FOUR PRESENT THE HON'BLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No: 4098 of 2020 Between:
1. Sirigiri Kishore Kumar, S/o. Shankar, Age: 40 years, Occ: Business, R/o. Sanjeevaiah Nagar, Sircilla, Rajanna Sircilla Diskict.
2. Perumandia Shekar, S/o. Ramesh, Age: 30 years, Occ: Private Employee, R/o. Sanjeevaiah Nagar, Sircilla, Rajanna Sircilla District.
3. Sirigiri Prem Kumar, S/o. Shankar, Age: 27 years, Occ: Business, Rl/o. Sanjeevaiah Nagar, Sircilla, Rajanna Sircilla District.
4. Perumandla Ramesh, S/o. Maisaiah, Age:50 Years, Occ: Lorry Driver, R/o Sanjeevaiah Nagar, Sircilla, Rajanna Sircilla District.
5. Oraganti Sathish, S/o. Devaiah, Age: 26 years, Occ: Barber, R/o. Marthanpet Village, Konaraopet Mandal, Rajanna Sircilla District.
...Petitioners/Accused No.1 to 5
AND The State of Telangana, through S.H.O., P.S. Sircilla. Ra;anna Sircilla District, represented by Public Prosecutor, High Court at Hyderabad
...Respondent
Cholvthapalli Ravinder, S/o. Lachaiah, Age: 48 years, Occ. Business, R/o. Kondapur Village of Konaraopet Mandal, Rajanna Sircilla District. ...RespondenUDefacto-Complainant Petition under Section 482 of Cr.P.C praying that in the circumslances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the chargesheet in C.C.No.337 of 2020 on the file of Hon' ble Judicial First Class Magistrate, at Sircilla. l.A. NO: 1 OF 2020 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 including appearance of the (
petitioners/Accused No's 1 to 5, in C.C.No.337 of 2O2O, on the file of Hon'ble Judicial First Class [/agistrate, at Sircilla. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K. VENUMADHAV, Advocate for the Petitioners and the Sri SYED YASAR MAMOON, Additional Public Prosecutor on behalf of the Respondent No.1 and of Sri M. RAMMOHAN REDDY, Advocate for the Respondent No.2. The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.4O98 OF 2O2O ORDER:
'This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.') by petitioners-accused Nos. 1 to 5 to quash the proceedings i against them in C.C.No.337 of 2O2O pending on the file of learned Judicial First Class Magistrate at Sircilla, i registered for the offences under Sections 143, 447, 427, 504, 506 read with Section 149 of the Indian Penal Code (for short 'lPC').
02. Heard Sri K.Venumadhav, learned counsel for petitioners and Sri M.Ram Mohan Reddy, learned counsel for unofficial respondent No.2 as well as Sri Syed Yasar Mamoon, learned Additional Public Prosecutor for the State - respondent No. L
03. Learned counsel for petitioners submitted that the subject matter of this Criminal Petition is purely civil in nature and that the allegations levelled against petitioners i
does not attract the offences alleged in the charge sheet and that the civil dispute has been given a colour of criminal case. Therefore, he prayed this Court to quash the proceedings against petitioners-accused by allowing this Criminal Petition.
04. Learned Assistant Public Prosecutor for the State submits that it is not a fit case to quastr the proceedings against petitioners at this juncture and that t.lle matter is to be decided after conducting trial by the Court below and thereby, prayed to dismiss this Criminal Petition.
05. In view of submissions made by learned Assistant Public Prosecutor appearing for the Staterespondent No.l, learned counsel for petitioners-accused requested this Court to dispense with the physical presence of petitioner and also sought for a liberty to fiIe petition under Section 239 of Cr.P.C., before the learned trial Court.
.)
06. Considering the above submissions made by both sides and in view of the facts and circumstances of the case and the request made by learned counsel for petitioners, this Court deems it appropriate to dispose of this Criminal Petition without going into merits and demerits of the factual aspects of the case by dispensing with the appearance/attendance of petitioners-accused Nos.
I to 5 before the concerned trial Court on each and every adjournment, unless petitioners' physical presence is required by the learned trial Court for a specific purpose' or at the time of examination under Section 313 of Cr'P'C'' andonthedateofpronouncementofJudgment'subjectto the condition that petitioners a-re being represented by their counsel on every date of hearing' If petitioners fail to appear physically before the learned trial Court as and when directed, the learned trial Court is at liberty to take necessary steps, strictly in accordance with law' Further' petitioners are at liberty to Iile petition under Section 239 of Cr.P.C.
as expeditiously as possible, in accordance with law. It is needless to mention that petitioners and unoflicial respondent No.2 are at liberty to work out their legal remedies as available under law.
With the above directions, this Criminal petition is disposed of.
07.
As a sequel, pending miscellaneous applications, if any, shall stand closed.
Sd/. T. JAYAS ASSISTANT RE //TRUE COPY// SECTION OFFICER To,
1. The Judicial First Class Magistrate at Sircilla.
2. The Station House Officer, Sircilla Police Statron, Rajanna Sircilla District.
3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. (OUT)
4. One CC to SRI K. VENUMADHAV, Advocate [OPUCI
5. One CC to SRI M. RAM MOHAN REDDY, Advocate [OPUC]
6. Two CD Copies LSR/kam
HIGH COURT DATED:2210712024 T,4:
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ORDER
2 d l{0u 202r ot t) CRLP.No.4098 of 2020 gO o4T t t .s c DISPOSING OF THE CRIMINAL PETITION 2l \w 2.1