Mrs Kuna Venkata Subbamma v. The State Of Telengana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE D. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION NO: 6946 OF 2022 Between:

1. Mrs Kuna Venkata Subbamma, W/o Kuna Venkateswarlu Aged. 53 years Occ. Housewife, No 2-1-44116, Lal reddy colony Near Bolarum market Macha . bolarumTrimulgherrySecunderabad.

2. Kuna Venkateswarlu, S/o late K.Ram Subbaiah Aged. 57 years Occ. Business, No 2-1-44116, Lal reddy colony Near Bolarum market Macha i.. .,-;, bolarum Trimulgherry Secunderabad.

3. Mrs K.Mounika, D/o Kuna Venkateswarlu Aged. 32 years Occ. Housewife r/o 1 -1 2-35, Golnaka Alwal Secunderabad ,..PETITIONER/ACCUSED 2-4 AND 'l . The State of Telengana, Rep by Public Prosecutor, High Court, Hyderabad

2. Mrs Kuna Sai Navyatha, Wo Kuna Rajesh Aged. 27 years Occ. Housewife Fl/o Flat No. G-l Sri sairatna lnn Nizampet, Hyderabad. ...RESPONDENT/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 CC No.1335/2022 on the file of the Learned Principal Junior Civil Judge Cum XI Additional Metropolitan Magistrate, ;

Kukatpally at Cyberabad .

l.A. NO:2 OF 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 STAY all further proceedings in CC No.133512022 on the file of the Learned Principal Junior civil judge cum Xl Addl. Metropolitan Magistrate

Kukatpally at Cyberabad including appearance of Petitioners pending disposal of the above quash petition in the interest of justice. This Petition coming on for hearing, upon perusing the lvlemorandum of t:

Grounds of Criminal Petition and upon hearing the arguments of Sri G. Ravi t Chbndran, Advocate for the Petitioner and the Assistant Public Prosecutor on t.: ,,, I behblf of the Respondent No.1 .

,\'':l The Court made the following: ORDER , k :

tl

_-_t)r.( 5t ..i ( rl.P.\o.69..16 of 2022 THE HON'BLE DT. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.6946 of 2022 ORDER:

1.

Heard the submission of the learned counsel for the petitioners as '"vell as the learned Assistalt Public Prosecutor.

2.

In the light of the limited request made, issuance of notice to the 2"d respondent is felt not required. 3.

Seeking to quash the proceedings that are initiated against the petitioners u,ho are arrayed as Accused Nos.2 to 4 in C.C.No. 1335 of 2O22 that is pending on the file of the Court of XI Additional Metropolitan Magistrate, Kukatpally at Cyberabad, the present Criminal Petition is filed.

4.

Learned counsel for the petitioners/Accused Nos.2 to 4 submits that the petitioners, being the family members of Accused No. 1, were implicated in this case alleging that they committed offences punishable under Sections 498-A IPC and Section 3 & 4 of Dowry Prohibition Act and indeed, they are innocent. Learned counsel also states that no further orders in this Criminal Petition are required, except

t)r.f S L..l ( r1.P.No.6916 ,,f 20ll to dispense li.ith the personal appearance of the petitioners during the course of proceedings 5.

The learned Assistant Public Prosecutor did not raise any serious objection for granting such a relief to the petitioners / Accused Nos.2 to 4.

6.

Having regard to the said submission made and keeping in view the facts and circumstances of the case, this Court considers it desirable to order exemption from personal appearance of the petitioners/Accused Nos.2 to 4 during the course of trial proceedings.

7 .

Resultantiy, this Criminal Petition is disposed of with the fo1[owing directions:

(i)The Court of XI Additional Metropolitan Magistrate, Kukatpally at Cyberabad, is directed not to insist upon personal appearance of the petitioners/Accused Nos.2 to 4 during the course of proceedings in C.C.No. 1335 of 2022 that is pending on the fi1e of the said Court, in case the petitioners/Accused Nos.2 to 4 are represented by an Advocate.

(2) However, it is made clear that the petitioners/Accused Nos.2 to 4 shall make their appearance as and when specifically directed by the trial Court"to3f o so.

I)r.( Sl...l ( rl.P.\o.69-1ri of l0l l -T 8.

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

SD/-L.SIVA PARVATHI A,SSISTANT REGISTRAR //TRUE COPY// SECTIONbFFICER To,

1. The Principal Junior Civil Judge Cum Xl Additional Metropolitan Magistrate ,Kukatpally at Cyberabad .

2. The Station House Officer, Bachupally Police Station, Cyberabad.

3. Two CCs to Assistant Public Prosecutor, High Court for the State of Telangana, at Hyderabad.(OUT)

4. One CC to Sri G. Ravi Chandran, Advocate [OPUC]

5. Two CD Copies

6. One Spare Copy CDL f, f,t, ,A- ..t _ ii

, HIGH COURT DATED: 0410812022 1:'

\ j-r oz sEP ?ou :/ t.

R CRL.P.No.6946 ot 2022 ae \ u/ ]NG OF THE PETITION.

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