The State Of Telangana Rep By Pp v. Dr. Panchapakesann Kalambur Visvanadan, Usa
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THURSDAY THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DR, JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION NO: 886 OF 2017 Between:
The State Of Telangana, Rep. by the Public Prosecutor, For the State of Telangana, High Court of Judicature at Hyderabad. PETITIONERY PETITIONER/COM PLAINANT AND DR. Panchapakesann Kalambur Visvanadan, S/o. K.Visvanathan, age 63 years, Rio. U.S.Citizen, 5305, USA, Presently residing at H.No.631, Champions-S, Driver lVledonough, Georgia 30253, USA. RESPONDENT/APPELLANT/ACCUSED No.9 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 set aside the Order dt. 12.02.2016 passed by the Vl Additional Chief [\,4etropolitan I\,4agistrate, Hyderabad in Crl.M.P. No.2795/2015 in C.C.No.268/2005 discharging the respondenV accused of the charges U|s.420, 468,471,477-A & 120(B) IPC of P.S.
, CID and confirmed by the Hon'ble Special Judge for Economic Offences-cum-Vlll Additional Metropolitan Sessions Judge, Hyderabad in Crl.R.P.No.8212016, dt. 29.08.2016. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Public Prosecutor, Advocate for the Petitioner and the and of Sri Allam Ramesh, Advocate for the Respondent No. 2.
The Court made the following:
HON,BLE DT. JUSTICE CHILLAKUR SUMALATHA CRIMINAL pETTTION No.886 of 2O1Z ORDER:
1.
Seeking the Court to quash the order that is rendered by the Court of Special Judge for Economic Offences-cum_ VIII Additional Metropolitan Sessions Judge, Hyderabad, in Crl.R.P.No.82 of 2016, dated 29.08.2016, the present Crimina-l Petition is Iiled bv the State.
2.
Heard the submission of the learned Additional Public Prosecutor who is representing the petitioner as well as the learned counsel for the respondent.
3.
By t1.e submissions made, what could be perceived is that the respondent, r.l,ho is arrayed as Accused No.9 in C.C.No.268 of 2005, on the file of the Court of VI Additional Chief Metropolitan Magistrate, Hyderabad, filed a petition under Section 239 Cr.p.C. vide Crl.M.p.No.2795 of 2015 seeking for discharge. The said Criminal Miscellaneous Petition was allowed through order dated 12.02.2016 and, the respondent/Accused No.9 was discharged. Aggrieved by the same, the State filed a revision petition vide Cr1.R.P.No.82 of 2016 that stood pending on the file of the Court of VIII Additional Metropolitan Sessions Judgg,
or'C51,1 crt.P-No.886o12017 The Court, through order dated 29'08'2016'
Hyderabad'
the said Criminal Revision Petition and dismissed therefore, seeking the Court to quash the said order' the State filed the present Criminal Petition'
4.
While making his submission' learned counsel for the respondent brought to the notice of this Court the common order rendered in Crl P'Nos'852' 853 and 887 of 2Ol7 ' dated 11.02 .2022, wherein and whereby the Criminal Petitions fried by the State challenging the orders in revisions petitions' which arose due to discharge of Accused Nos'3' 4 & 15' were dismissed'
5. karned counsel for the respondent states that the present respondent/Accused No'9 also stands on the same footing and thus' the present Criminal Petition is liable to be dismissed d not state as 6.
l,earned Additional Public Prosecutor di m that of the to why a different view has to be taken fro (bY Dr.Justice common order that is rendered by this Court 887 of.2Ol7'
G.Radha Rani) in Crl'P'Nos'852' 853 and
Ot.CSL,t Crl-P.No.886 o12017 dated 11.02.2022. Also, this Court does not Iind any justifiable grounds to deviate with the opinion expressed by either the trial Court or the revisional Court. Therefore, this Court holds that the present Criminal petition deserves dismissal.
7.
Resultantly, the Criminal Petition is dismissed 8.
Miscellaneous petitions pending, if an1,, shall stand closed.
Sd/-K.AMMAJI ASSISTANT REGISTRAR .i| -t) )--- //TRUE COPY// SECTION OFFICER To, 1 J!:^Pq_"igl_J-$q: rpr Economic Offences-Cum- Vilt Additionat Metropotitan Sessions Judge, Hyderabad.
2. The Vl Additional Chief Metropolitan Magistrate, Hyderabad.
3. Two cc's to Pubric Prosecutor, High court for the state of rerangana at Hyderabad [OUT] 4" One CC to Sri Allam Ramesh, Advocate tOpUCl
5. Two CD Copies DL plp CulL ,,'
HIGH COURT DATED:0811212022
ORDER
CRLP.No.886 ol 2017 '( rtE STA qJoo 12 JAl,l 2023 l) .Ir * a*PA\c \ t CRMINAL PETITION IS DISMISSED ,'
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