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High Court for State of TelanganaCRLP/7200/2020disposed of no costs

Smt. Roshan Rajpal And 2 Others v. The State Of Telangana

2021-09-15Shameem Akther5 pages

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO: 7197 AND 72OO OF 2020 CRIMINAL PETITION NO: 7197 OF 2020 Between:

Yalapally Parameswar Rao, S/o. Thirupal, Aged 34 years, Occ. Security Officer in Hyatt Hotel at Road No.2, lT Park, Gachibowli, Rl/o. Plot No.325, Subhash Chandrabose Nagar, New Hafeezpet, Sherilingampally Mandal, Ranga Reddy District.

...Petitioner/Accused No.4

AND '1 . The State of Telangana, represented by its Public Prosecutor, High Court for the State of Telangana at Hyderabad.

...Respondent

2. Alkapally Bhanu Kumar, S/o. A. Srinivas, Aged about 21 years, Occ. Private Employee, Rl/o. H.No.'1'1-2-439lE17,Sitaphalmandi, Secunderabad. ...RespondenUDefacto Complainant 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 the records relating to the FIR No. 536 ol 2019 dated 05-10-2019 on the file of Police Station Gachibowli, Cyberabad and quash the same thereon as against the Petitioner/Accused No. 4 herein.

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 grant stay of all further proceedings in FIR No. 536 of 2019 dated 05-10-2019 on the file of Police Station Gachibowli, Cyberabad, pending disposal of the above Criminal Petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of M/s Prabhakar Sripada, Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of the Respondent No.1 and of Sri G. Giridhar, Advocate for the Respondent No. 2.

CRIMINAL PETITION NO: 72OO OF 2O2O Between:

'1 . Smt. Roshan Rajpal, D/o. Col. Kewalramani, Age.4€years, Occ.Former General Manager, Hyatt Hyderabad Gachibowli, Ri,/o. Staff Quarters, Hyatt Hyderabad, Road No. 2,ff Park, Gachibowli Hyderabad.

2. Saurabh Singh, S/o. Rajesh Kumar Singh, Age.29 years, -Occ -Front Desk Manager, Fy-o. Staff Quarters, Hyatt Hyderabad, Roac No.2, lT Park, Gachibowli, Hyderabad.

3. Debank Kapoor, S/o. Ramesh Kapoor, Age.32 years, Occ. Director, Sales and Marketing, R/o. Staff Quarters, Hyatt Hyderabad, Road No. 2, lT Park' Gachibowli, Hyderabad.

... Petitioner/Accused No.1 to 3 AND

1. The State of Telangana, represented by its Public Prosecutor, High Court for the State of Telangana at Hyderabad.

...Respondent

2. Alkapally Bhanu Kumar, S/o. A. Srinivas, Aged about 21 years, Occ. Private Employee, Fl/o. H.No. 1 1 -2-4391E17, Sitaphalmandi, Secunderabad. ...RespondenUDefacto Complainant 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 the records relating to the FIR No. 536 of 2019 dated 05.10.2019 on the file of Police Station Gachibowli, Cyberabad and quash the same thereon as against the Petitioners/Accused No 1to 3 herein.

l.A. NO: 1 OF 2020 Petition under Section 482 oI Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Ccurt may be pleased to grant stay of all further proceedings in FIR No. 536 of 2019 dated 05.'10.2019 on the file of Police Station Gachibowli, Cyberabad, pending disposal of the above Criminal Petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of M/s. Prabhakar Sripada, Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of the Respondent No.1 and of Sri G. Giridhar, Advocate for the Respondent No. 2. The Court made the following: COMMON ORDER

THE HON'BLE DT. JUSTICE SHAMEEM AKTHER CRI INAL PET ION N .7197 an 7200 0F 2020 COMMON ORDER:

Criminal Petition Nos.7200 and 7197 of 2020, under Section 482 of the Code of Criminal Procedure, t973 (tor short, 'Cr'P'C"), are filed by the petitioners/A' 1 to A.3 and petitioner/A'4, respectively, seeking to quash the proceedings against them in Crime No.536 of 2019 of Gachibowli Police Station, Cyberabad, registered for the offences under Sections 188, 323, 34L, 384, 427 r/w 34 IPC.

2, Heard the learned counsel for the petitioners/A'1 to A'3 and A.4, learned Assistant Public Prosecutor for the respondent No'1/ State, learned counsel for the respondent No'2lde facto complainant and perused the record.

3. The learned counsel for the respondent No'2/de facto complainant filed counter affidavit and submitted that due to mistake of fact, a report was lodged with the police and now the respondent No.2/de facto complainant does not want to pursue the criminal case.

4.

Recording the said submission, it is for the Investigating Officer, to examine the issues in between the parties and do the needful, in accordance with law.

5.

With the above observation, both the Criminal Petitions are disposed of.

Miscellaneous Petitions, if any, pending in both the Criminal Petitions shall stand closed.

SD/. K. ONESIM ASSISTANT REGISTRAR G"

,TRUE COPY// SECTION OFFICER To, 1, The Xll Additional Metropolitan Magistrate, Kukatpally, at PraShanthi Nagar' Cyberabad.

Z. ii" Si"t.n House Officer, Gachibowli Police Station, Cyberabad Distrtct a. i;" cc, to th. public prosecutor, High court for the state of Telangana, at Hyderabad [OUT] +. One'CC to ltlt/i. Pra-bnakar Sripada Advocate [OPUC]

5. One CC to Sri. G. Giridhar, Advocate [OPUCI

6. Two CD Copies

7. One Spare CoPY N/IUK TP

HIGH COURT DATED: 1s10912021 t'

,& COMMON ORDER GRLP.No.7197 and7200 of 2020 DISPOSING OF THE BOTH CRIMINAL PETITIONS fJt''

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