Gajula Baswa Kumar Alias Gajula Kumar v. The State Of Telangana

132541

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTYTHREE :PRESENT:

THE HONOURABLE SMT JUSTICE G.ANUPAMA CHAKRAVARTHY CRIMINAL PETITION NO: 9915 0F 2023 Between:

Gajula Baswa Kumar @ Gajula Kumar, S/o Gajula Malleshappa, Occ. Graphic Designer, R/o Nandi Nagar, Road No. 14, Banjara Hills, Hyderbad, N/o 4-92, SBI Road, Gattu (V & M), Gadwal District.

..Petitioner/Accused No.4 AND 1 . The State of Telangana, Represented by its Public Prosecutor, High Court Buildings, Hyderabad. Through S.H.O., P.S. Banjara Hills, Hyderabad.

...Respondent No.1

2. The State Police, Through Sri B. Manoj Kumar, Sub-lnspector of Police, Banlara Hills Police Station, Hyderabad.

...Respondent No.2/ Defacto-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 to quash the proceedings against Petitioner/Accused No.4 in Crime No.154 of 2023 ot P.S. Banjara Hills, on the file of the lll Additional Chief Metropolitan Magistrate at Nampally, Hyderabad. l.A. NO: 2OF 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 further proceedings against Petitioner/Accused No.4 in Crime No.154 of 2023 of P.S. Banjara Hills, on the file of the lll Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, pending disposal of the above criminal petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri NAGESHWAR RAO PUJARI, Advocate for the Petitioner, Sri S. GANESH' Assistant Public Prosecutor, on behalf of the Respondent No.1 and None appeared for the Respondent No.2 The Court made the following: ORDER

--7 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.9915 OF 2023 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure by the petitioner/ accused No.4 to quash the proceedings against him in Crime No.154 of 2023 of Banjara Hills Police Station, Hyderabad, registered for offences punishable under Section 370,370A(2) IPC and Sections 3,4 and 5 of Immoral Traffic (Prevention) Act, 1956 2.

Wher-r the matter is taken up today, the learned counsel for the petitioner submittecl that the controversy involved in the present Crirninal Petition is squarely covered by the common order dated 76.08.2023 passed by this Court in Criminal Petition Nos.5073 of 2023 and batch, and prayed this Court to quash the proceedings against the petitioner herein 3.

The learned Public Prosecutor fairly conceded that the matter is covered by the common order dated 16.08.2023 passed b), this Court in Criminal Petition Nos.5073 of 2023 and batch

w \ 4.

In view of the aforesaid submission and for the reasons alike in the common order dated 16.08.2023 passed by this Court in Criminal Petition Nos.5073 of 2023 and batch, and taking into account the fact that the petitioner was a customer, the proceedings against the petitioner/ accused No.4 in Crime No.154 of 2O'2i of Banjara Hills Police Station, Hyderabad, are hereby quashed.

5.

Accordingly, the Criminal Petition is allowed. Pending miscellaneous applications, it any, shall stand closed Sd/. K. VENKAIAH ASSISTANT REGISTRAR //TRUE COPY// / SECTION OFFICER To,

1. The lll Additional Chief Metropolitan Magistrate at Nampally, Hyderabad.

2. The Station House Officer, Banjara Hills police Station, Hydera-bad

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

4. One CC to Sri NAGESHWAR RAO pUJARt, Advocate [OPUC]

5. Two CD Copies SP NJ

HIGH COURT DATED:1311012023

ORDER

GRLP.No.9915 of 2023 a'

6r- srA rq, ( P o 1l N'Ji 2t8 i.

* * J () - I)5gna1Ct\ ALLOWING THE CRIM!NAL PETITION