Gottumukkala Rama Krishna v. The State Of Telangana

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IN THE I{IGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITI NO: '10470 OF.2025 Between:

Gottumukkala Rama Krishna, S/o Haribabu, Aged about 55yrs, Occ. Business, R/o Plot No.634, Vasanthanagar, Kukatpally, Medchal-Malkajgiri District. ...PETITIONER/ACCUSED NO.1 AND

1. The State of Telangana, Represented by Public Prosecutor, High Court of Telangana at Hyderabad

2. Vemulapally P Business, R/o ratap, S/o V.Venkateshwar Rao, Aged about ...RESPONDENT 45 years, Occ.

r Patel Nagar, Hydernagar, Kukatpally -Malkaj Apartments, Sarda giri District, Flat No.2 31, Living , Medchal Stone ...RESPONDENTS/DE-FACTO COMPLAINANT Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the Petitioner/Accused No.'1 in C.C.No.7652 oI 2022 on the file of the Xll Additional Metropolitan Magistrate at Kukatpally, Medchal Malkajgiri District l.A. NO: 1 Petition under Section 528 of BNSS 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 including the appearance of the Petitioner/Accused No.'l in C.C.No.

7652 of 2022 on the file of the Xll Additional Metropolitan Magistrate at Kukatpally, Medchal Malkajgiri District, pending disposal of the main Criminal Petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri SEETHA RAMAIAH MATURI, Advocate for the Petitioner and E.GANESH Assistant Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.

THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA GRIM PETITION No.104 of 2O25 ORDER:

This petition is filed seeking quashment of C.C.No.7652 of 2022 on the file of Xll Additional Metropolitan Magistrate at Kukatpally, Medchal-Malkajgiri District, against the petitioner/accused No. 1 .

2.

Heard Mr.Seetha Ramaiah Maturi, learned counsel for petitioner and Mr.E.Ganesh, learned Assistant Public Prosecutor appearing for the respondent No.1-State.

3.

Learned counsel for the petitioner submitted that there is a development agreement between the petitioner and the de facto complainant, and that the allegations of stealing documents are totally false. He further submitted that the dispute is purely civil in nature and that there is no truth in the allegations against the petitioner. He, therefore, prayed to quash the proceedings against the petitioner.

4.

Learned Assistant Public Prosecutor submitted that the investigation has brought out allegations against the petitioner ,l \ and that the matter is ripe for trial before the trial Court and they also have the confession statements of accused Nos.1 and 2, 'l

who admitted that they had stolen the documents and lost them during transit. Hence, he prayed to dismiss the petition. 5.

Perused the record.

6.

A charge sheet has been filed against the petitioner herein for the offences punishable under Sections 42O, 4OO and 379 r/w. 34 of lndian Penal Code, '1860 (for short'lPC'), and the matter is pending wde C.C.No.7652 of 2022 on the file of Xll Additional Metropolitan Magistrate at Kukatpally, Medchal-Malkajgiri District. The case is ripe for trial, and the veracity of the witnesses, as well as the strength of the prosecution's allegations, can be tested during the course of trial.

7.

Accordingly, this Criminal Petition is disposed of, with a direction to the learned Magistrate to dispose of the matter at the earliest. However, the attendance of the petitioner is dispensed with before the trial Court, unless his presence is specifically required during the course of trial, provided that he shall be represented by his counsel on every date of hearing. Pending miscellaneous applications, if any, shall stand closed.

AssrsrANsrDl-Etit"oJH \\ //TRUE COPY'/ CTION OFFICER To,

1. The Xll Additional Metropolitan Magistrate at Kukatpally, Medchal Malkajgiri District Fi-o

2. The Station House Officer, Kukatpally Police Statiort, Kukatpally, Cyberabad Commissionerate

3. One CC to SRI SEETHA RAIVIAIAH tvlATURl Advocate IoPUC]

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

5. Two CD Copies VIVI/PSL CI(F

I t HIGH COURT DATED: 1910812025 I /{ . ;: i ':' r'.

ORDER

CRLP.No.10470 o12025 t)'P ('

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DISPOSING THE CRIMINAL PETITION .(* tu$v'