Purma Venkateshwarlu v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION NO; 6144 oF 2022 Between:

Purma Venkateshwarlu, S/o. P. Ramulu, Age. 49 years, Occ. Advocate, R/o.H. No.2-2-90l1 6, flat no.303, Thurab Nagar, Amberpet, Hyderabad. (42) Purma J-hansi E?li, W{o. P. Venkateshwarlu, Age. 47 years, Occ. Housewife, R/o. H.No.2-2-90l16, flat no.303, Thurab Nagai Am6erpet, Hyderabad. (A3)

...Petitioners/Accused No.2 and 3

AND The State of T_elangana, through SHO., Police Station Malkajgiri, Rachakonda Commissionerate, represented by its Public Pr6iecutor, High Court, at Hyderabad.

Smt. Mekala Srivani, Wo. Jagdish Raj, Ase. 36 years, O;;5i;,lrtJfl:Jt R/q, H.No 45-180, Anand Bagh, Shiridi Nagar, Sireet No.5, Uppariguda, Malkajgiri, Medchal-Malkajgiri District.

...Res pon de nUDefacto 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 Quash the proceedings in C.C.No. 2339 ol 2020 on the file of Principal Junior Civil Judge-Cum-Metropolitan Magistrate, at Malkajgiri, Medchal Malkajgiri District, against the petitioners / Accused No. 2 and 3 in the interest of justice. l.A. NO: 1OF 2022 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 interim stay of all further

proceedings including appearance of the petitioners/Accused No. 2 and 3 in c c No 2339 of 2020 on the fire of principar Junior civir Judge-cumMetropolitan Magistrate, at Malkajgiri, Medchal Malkajgiri District in the interest of justice 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 S. Surender Reddy, Advocate for the petitioners and the Assistant public Prosecutor on behalf of the Respondent No.1 and of the Respondent No.2 not appearing in person or by Advocate.

r The Court made the following: ORDER

THE HON,BLE DT. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.6144 of 2022 ORDER:

This Criminal Petition under Section 482 Cr'P'C' is filed seeking the Court to quash the proceedings that are pending against the petitioners/Accused Nos.2 and 3 in C'C'No'2339 of 2o2othatispendingonthefileoftheCourtofPrincipalJunior CiviiJudge-cum-MetropolitanMagistrateatMalkajgiri,MedchalMalkajgiri District.

2. Heard the submission of learned counsel for the petitioners/Accused Nos.2 and 3 as well as the learned Assistant Public Prosecutor, who appeared for respondent No'1 - State' 3.

Having regard to the limited request made by learned counsel for petitioners/Accused Nos.2 and 3, issuance of notice to respondent No.2 is felt not necessary.

4. Learned counsel for the petitioners states that petitioners/Accused Nos.2 and 3 are brother-in-law and sister' respectively, of Accused No. I and, indeed, they have not committed any offences much less the offences punishable under

D. CSI-J Crl.P.No.6l44 of2022 Sections 498-4 and 506 IpC and Sections 3 and 4 of Dowry Prohibition Act' Learned counsel for the petitioners also states that no further orders in this Criminal petition are required, except dispensing with the personal appearance of the petitioners before the trial Court.

5.

The learned Assistant public prosecutor did not raise any serious objection for granting such a relief to the petitioners. 6.

Having regard to the said submission made ald keeping in view the facts and circumstances of the case, this court considers it desirable to order exemption from personal appearance of the petitioners during the course of trial proceedings. 7 .

Resultantly, this Criminal petition is disposed of with the following directions:

(1)The Court of principal Junior Civil Judge_cum_Metropolitan Magistrate at Malkajgiri, Medchal_Malkajgiri District, is directed not to insist upon personal appearance of the petitioners/Accused Nos.2 and 3 during the course of proceedings in C.C.No.2339 of 2O2O that is pending on the frle of the said Court, in case the petitioners/Accused Nos.2 and 3 are represented by an Advocate.

r

) -) Dr. CSL,I Crl P No.6l44 of2022

(2) However, it is made clear that petitioners/Accused Nos.2 and 3 shall make their appearance as and when specifically directed by the trial Court to do so.

B.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

SD/- V. KAVITHA ASSISTANT REGISTRAR //TRUE COPY// .L SECTION OFFICER To,

1. The Principal Junior Civil Judge-Cum-Metropolitan Magistrate, at Malkajgiri, Medchal Malkajgiri District.

2. The XVll Metropolitan Magistrate, Cyberabad, at Malkajgiri, Ranga Reddy District.

3. The Station House Officer, Malkajgiri Police Station, Rachakonda Commissionerate.

4. Two CCs to the Assistant Public Prosecutor, High Court for the State ofTelangana, at Hyderabad [OUT]

5. One CC to Sri S. Surender Reddy, Advocate [OPUC]

6. Two CD Copies MMK \ CJ

HIGH COURT CSLJ DATED:1410712022 TA r.\- I ''1...\ g 1s JUL2o22 q )a

ORDER

A- * CRLP.No.6144 of 2022 2/ - r.1 DISPOSING OF THE CRIMINAL PETITION h '.1 \.<