Saraju Laxmaiah v. State Of Telangana
[ 338s ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD TUESDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: 6109 OF 2024 Between:
Saraju_Laxmaiah, S/o. Sathaiah, aged 35 years, Occ: Business Rt/o. H No. 10g/g, Near Check Post, Prashanth Nagar Yadagirigutta Town and Mandal, Bhongii District.
AND ...PET|T|ONER/ACCUSED
1. Stale of Telangana, Rep. by its Public Prosecutor High Court at Hyderabad for the State of Telagnana
2. Mukkerla Komaraiah, S/o. Late lVlallaiah Aged 50 years, Occ: Business, R/o. H No. 1-7212, Near Gundlapally Village, Yadagirigutta Mandal Yadadri Bhongir District ...RESPONDENT/COMPLAINANT Petition under Section uE2 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 quash the Order dated 20.05.2024 passed in Crt MP No. 238 ot 2024 in Crl Appeal No. 17 of 2024 on the file of court of the Principal District and Sessions Judge at Bhongir to the extent of deposit of 20 o/o of the compensation amount on or before 21.06.2024.
l.A. NO: 1OF 2024 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of GrouMs of Crimirial Petition, the High Court may be pleased to Suspend to deposit of 20o/o of the compensation amount on or before 21.06.2024 passed in the Order dated 20.05.2024 passed in Crl MP No.238 of 2024 in Crl Appeal No. 17 of 2024 on the file of court of the Principal District and Sessions Judge at Bhongir, pending disposal of main Crl.Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri BONU RAMA SHANKARA RAO, Advocate for the Petitioner and the Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 and None Appeared for the Respondent No.2 The Court made the following: ORDER
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.61O9 of 2024 ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner/sole accused to quash the order dated 2O.O5.2O24 passed in Crl.M.P.No.238 of 2024 in Crl.A.No.17 of 2024 by the learned Principal District and Sessions Judge, Bhongir. By the impugned order, the petition Iiled by the petitioners under Section 389 of Cr.P.C, was allowed directing the petitioner to deposit 2Oo/o of the compensation amount on or before 2I.06.2024.
I 2.
Heard Sri Bonu Rama Shankara Rao, learned counsel for the petitioner and Sri S. Ganesh, learned Assistant Public Prosecutor for respondent No. 1 - Statd.
3.
Learned counsel for the petitioner submitted that it is the fit case to acquittal, whereas the trial Court convicted the petitioner, as such, prayed the Court to reduce the compensation amount. In this regard, he placed reliance on the judgment of them Hon'ble Apex Court in " Jambu Bandari
rc SIrS,J CrLP.No.61O9 oJ 2024 us. Madhga Prad.esh State Ind.ustrial Deoeloptnent Corporation Limitedt. and prayed to allow the petition. 4.
Considering the submissions made by the learned counsel for the petitioner and the facts and circumstances of the case, this Court is inclined to reduce the compensation amount from 2Oo/o to lOoh to be deposited by the petitioners. 5.
Accordingly, the Criminal petition is disposed of directing the petitioners to pay lOo/o of the compensation amount on or before IO.OT.2O2l.
Miscellaneous applications, if any pending, shall also stand closed.
L Sd/- P.CH. NAGABHUSHAMBA ASSISTANT REGIFTRAR //TRUE COPY// ^ / (/'
SECTION OFFICER To The Principal District and Sessions Judge at Bhongir Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT) One CC to SRl. BONU RAMA SHANKARA RAO, Advocate IOPUC] Two CD Copies PR ts r crl.A.No.27410f 2023 dated O4.o9.2023
HIGH COURT DATED: 1110612024 1tlE SlA, (.
eo ( t (\ vza -\ * t O6SPATCB;o CRLP.No.6109 ot 2024 d 12 JUL zur
ORDER
DISPOSING OF THE CRL.PETITION .x w go 1*