Sri Shankaraiah v. The State Of Telangana

0'[ 3385 I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: 9054 OF 2o23 Between:

Sri Shankaraiah, S/o. Late Lingamaiah, Aged about 63 years, Occ Retd. Assistant at High Court at Hyderabad, R/o H.No.1-1-3471941,Mohan Nagar Janapriya Qtrs Saroornagar Ranga Reddy 500035

...Petitioner/Accused No.6.

AND '1 . The State of Telangana, Rep. by the Public Prosecutor, Htgh Court of Judicature of Telangana, At Hyderabad.

2. Sri Gurajala Srinivasa Rao, S/o G. Sita Rama Rao, Aged about 54 years, Occ. Addl, Registrar, R/o H.No.'1-1-783, Near Canera Bank, Gandhi Nagar, Hyderabad.

...RESPONDENT/COMPLAINANTS 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 toto quash the proceedings in C.C. No.1 10 ot 2018 on the file of Xll Additional Chief Metropolitan Magistrate, At Nampally, Hyderabad. oF 2023 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 and further proceedings in C.C. No.110 of 2018 on the file of Xll Additional Chief Metropolitan Magistrate, At Nampally, Hyderabad including appearance of the Petitioner/Accused No.6, Pending disposal of the Criminal Petition.

l.A. NO: 1OF 2024 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 extend the interim order granted earlier on 2711212023 in Crl.P.No. 9054 of 2023 or alternatively dispose the Crl.P.No. 9054 of 2023 covered by the judgment dated 16/10/2023 passed by the Honourable High Court in Crl,P.No. 7157 of 2023 and Crl.P.No. 7372 ot 2023, pending disposal of the above criminal petition.

This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petltion and upon hearing the arguments of Sri Godugu Narender, Advocate for the Petitioner and Sri S. Ganesh, the Assistant Public Prosecutor on behalf of the Respondent No.1 and the Respondent not appearing either in person or by Advocate.

The Court made the following ORDER:

,, THE HOilOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PEf,ITION No.9O54 oF 2023 ORDER:

This Criminal Petition is hled under 482 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C') to quash the proceedings against the petitioner/ accused No.6 in C.C.No. 110 of 2018 on the hle of the learned XII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, registered for the offences punishable under Sections 406, 42O, l2O (b) and 34 of the Indian Penal Code, 1860 (for short 'lPC'), Section 38 (2)(3X4) of the Andhra Pradesh Mutually Aided Cooperative Societies Act, 1994.

2.

Heard Sri Godugu Narender, learned counsel appearing il on behalf of the petitioner as well as Sri S. Galesh, learned i] Assistant Public Prosecutor appearing on behalf of respondent / No. 1-State. Perused the record.

I 3.

Learned counsel for the petitioner submitted that the matter is squarely covered by the order dated 25.02.2019 in Criminai Petition No.4O0 of 2Ol9 and enclosed a copy of the said order.

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sKs,J ctLP.No.9O54 oJ 2O23 4.

l,earned Assistant Public Prosecutor also submitted that the issue in the present criminal petition is covered by the earlier order in the above criminal petition. 5.

In view of the said representation and as the matter is squarely covered by the order in the above criminal petition, this criminal petition is allowed in terms of the above said order, adopting the reasoning contained therein. The proceedings against the petitioner/accused No.6 in C.C.No. I 10 of 2018 on the file of the XII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad are hereby quashed.

Pending miscellaneous petitions, if any, in this Criminal Petition shall also stand closed.

Sd/. MOHD.ISMAIL ASSISTANT REGISTRAR t) SECTION gFFICER //TRUE COPY// To, The Xll Additional Chief Metropolitan Magistrate, Namaplly, Hyderabad Two CCs to Public Prosecutor, High Court of Telangana, [OUT] The Station House Officer, Police Station CCS,DD, Hyderabad. J One CC to Sri Godugu Narender, Advocate [OPUC] Two CD Copies.

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HIGH COURT DATED:0410412024

ORDER

CRLP.No.9054 of 2023 1HE ST4 ,A o 10 APB 2[:r o }, ,t -!r \ ?

* * cH t o ?hJ go ALLOWING THE CRIMINAL PETITION +