Sri Ailapaka Uday Kiran v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY, THE TWENTY THIRD DAY OF AUGUST TWO THOUSAND AND TWENTY THREE .

PRESENT THE HONOURABLE SRI JUSTICE K.SURENOER CRIMINAL PETITION,NO: 7910 OF 2019 Between:

1. Sri Ailapaka Uday Kiran, S/o. Uma Maheshwar, aged 30 years, Occ- Software Engineer, Rt/o. H.No. A-5-283110411, Road No.2 Madhav Nagar Colony, Karmanghat, R.R. District

2. Potti Murali Krishna, S/o. Papaiah, aged about 36 years, Occ- Business, Rl/o. Ward No.1 Devarakonda village and Mandal, Nalgonda District3. Smt.Dhanakari Rudramadevi, Wo. Sashidhar, aged 30 years, Occ- Software Engineer, H.No. A-5-283/104/1, Road No.2, Madhav Nagar Colony, Karmanghat, R.R.District.

4. Smt. Golla Neelavani, Wo. Suresh, aged about 35 years, Occ- Housewife, R/o. Setharambagh, Nampally, Hyderabad.

5. Smt. Potti Jhansi Rani, Wo. Muralikrishna, aged 34 years, Occ- Housewife, R/o. Ward No,1, Devarakonda village and Mandal, Nalgonda District.

6. Smt.Ailapaka Suguna Bhai, Wo. Uma Maheswar, Aged about 56 years, OccHousewife, R/o. H.No. A-5-283110411, Road No.2 Madhav Nagar Colony, Karmanghat, R.R.District

7. Ailapaka Umamaheshwar, S/o. Nagaiah (Late) aged about 62 years, OccRetired Employee, R/o. H.No. 4-5-283/104/1, Road No.2 Madhav Nagar Colony, Karmanghat, R.R.District

...Petitioner/Accused Nos. 1 t o7

AND 1 . The State of Telangana, through SHO., L.B.Nagar Police Station, Rachakonda Commissionerate, R.R.District, Represented by its Public Prosecutor, High Court, Hyderabad.

2. Dhanakari Shashidhar, S/o. Kistaiah, aged about 38 years, Occ- Software Engineer, Rl/o. H.No. 3-6-294, Ventur€-|, SBH Colony, L.B.Nagar, R,R.District

...Respondents/Complainant

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petilion, lhe High Court may be pleased to call for the records relating to the charge sheet C.C.No. 5547 of 2019 on the file of the ll Metropolitan Magistrate, Cybrabad at L.B.Nagar.

t.A. NOi 1oF 2019 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 including the appearance of the petitioners in C.C.No. 5547 of 2019 on the file of the ll Metropolitan Magistrate, Cybrabad at L.B.Nagar, 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 MEESALA VINOD KUMAR, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent No.1 and of Sri MAHESH RAJU, Advocate for the Respondent No. 2 The Court made the following: ORDER II

THE HON'BLE SRI JUSTICE K. SURENDER CRIMINAL PETITION NO. 791() OF 2019 ORDER:

This Criminal Petition is hled under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners/ accused Nos.1 to 7 to call for the records relating to the charge sheet filed against the petitioners for the offence under Sections 354, 448, 323, 5O4, 506 r/w 34 of Indian Penal Code and to quash the proceedings in C.C.No.5547 of 2019 on the hle of the II Metropolitan Magistrate, Cyberabad at L.B.Nagar. 2.

It is alleged that 3.a petitioner/A3 was married to 2nd respondent on 07.06.2O15. Thereafter, they started residing at Bangalore on account of their job. Later, both of them shifted to t t Hyderabad and started residing in the ground floor of the house of , the 2"d respondent. There were differences between the spouses over a period of time. On 09.06.2019 it. is alleged that these petitioners and the 2"d respondent picked up quarrel and both the parties complained before the L.B.Nagar Police Station. The present crime is F.I.R No.629 of 2Ol9 and the complaint filed by these petitioners is registered as F.I.R No.63O of 2019. 3.

Both the counsel submitted that the charge sheet was also filed in F.I.R.No.63O of 2019. Since there are two (2) cases, which

r-., are case and counter case about the same incident, this Court deems it appropriate to direct the concerned Magistrate to dispose off both the cases within a period of four (4) months. The attendance of the petitioners/Al to A7 is dispensed during the trial. However, they shall appear as and when directed by the Magistrate for the purpose of trial. The petitioners shall not dispute any proceedings that are undertaken by the Court in their absence. If the petitioners fail to appear as and when directed, their order of appearance dispense shall stand cancelled. Accordingly, the criminal petition is disposed of. As a sequel, miscellaneous petitions, pending if any, shall stand closed.

Sd/. B. CHANDRA PRAKA,SH ASSISTANT REGI //TRUE COPY// SECTION FICER To,

1. The Il fi/etropolitan Magistrate, Cybrabad at L.B.Nagar.

2. Two CCs to the Public Prosecutor, High Court of Telangana at Hyderabad lourl i

3. One CC to SRl. MEESALA VINOD KUMAR, Advocate [OPUC] i 4. One CC to SRl. MAHESH RAJU, Advocate [OPUC]

5. fwo cD copres PSR $\,.

OURT HIGHT Ks,.r{.l l oarJo:

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s L c No.7910 of 2O19 R l :) 1 1 0E[ 2023 o ) * O6s pr.,Tcv iI Ii ,{ CRIMiNAL{PETITION IS DISPOSED OF.

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