Mr Magi Sarvaiah v. The State Of Telangana

134441

IN THE HIGH COURT FORTHE STATE OF TELANGANA

AT HYD WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA 16T Between:

1 t\rr Maoi Sarvaiah. S/o. Maqi Vekaiah, Age.5syears, Hindu, Male, Occ' ngricultire, Fl/o. Srimannarayina colony Near Rathindmill, Kodad Suryapet' Telangana.

2. Mrs. Magi Nagaman Occ. House Wife, Telangana.

i, Wo. Sri Magi Sarvaiah, Age 48 years. Hindu Female. R/o. Srimann-a-2 Near Ralhindmill, Kodad, Suryapet. .PETTTTONERS/ACCUSED(2 & 3) AND bv its oublic Prosecutor, High Court of

1. The State of Telangana, represented Judicature at Hyderabad for the state Town, Kodad.

oif Telbngan through S.H.o., P.S. Kodad

2. Miss. Gundu Mamatha, C/o. Gundu Venkateswarulu, 14-49 Thota Bazar' - Chitururu Mandal, Bethavole Nalgonda, Telangana - 508204' .RESPONDENT/COMPLAINANT PetitionunderSection52SofBNSSprayingthatinthecircumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to quash the proceedings in FIR and charge sheet proceedings in PRC No. 1'l12O24 on the file the Principal Judicial 1st class Magistrate/Principal Junior Civil Judge at Kodad against the petitioners 1 and 2 (accused 2 and 3) PetitionunderSection52SofBNSSprayingthatinthecircumstances stated in the Memorandum of Grounds of criminal Petition ,the High court may be pleased to grant stay of all further proceedings in charge sheet proceedings in

PRC 1112024 on the file the Principal Judicial 1St Class Magistrate/Principal Junior Civil Judge at Kodad pending disposal of the above petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Kunuku Durga Prasad , Advocate for the Petitioner and Sri Jitender Rao Veeramalla , the Additional Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 The Court made the following: ORDER

THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.11344 ot 2025 ORDER:- 1.

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking to quash the proceedings against the petitioners/accused Nos.2 & 3 in ,JI PRC.No.11 of 2024, on the file of the learned Prirrcipal Judicial First Class Magistrate -cum- Principal Junior Civil Judge, Kodad, registered for the offences punishable under Sections 504 and 506 of lPC.

2.

Heard Sri K.Durga Prasad, learned counsel for the petitioners/accused Nos.2 & 3 as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1-State.

3.

Leamed counsel for the petitioners submitted that the petitioners herein are the parents of accused No.1 and that they are no way concerned with the alleged offences. The de facto 'l complainant was in relationship with accused No.1 and these ) II petitioners are innocent and they do not know anything about the said relationship and hence prayed to quash the proceedings against the petitioners herein.

4.

The learned Additional Public Prosecutor has submitted that there are allegations against the petitioners that they threatened the de facto complainant and hence prayed to dismiss the petition 5.

Perused the record. The allegations leveled against the petitioners are under Sections 504 and 506 of lPC. Truth or otherwise of the said allegations can be brought out during the course of trial. This Court is not inclined to interfere with the judicial process.

6.

Hence, the Criminal Petition is disposed of directing the Iearned Trial Court to dispose of PRC.No.1'1 ot 2024 at the earliest. However, the presence of the petitioners/accused Nos.2 & 3 is dispensed with before the Trial Court provided that the petitioners are represented through an Advocate on every date of hearing and that they shall be present before the Trial Court whenever they are specifically required during the course of trial. 7.

Miscellaneous petitions, pending if any, shall stand closed. SD/. M. JAWAHAR REDDY ASSISTANT REGISTRAR I //TRUE COPY// SECTION OFFICER To, The Principal Judicial First Class Magistrate/Principle Junior Civil Judge, at Kodad The Station House Officer, Police Station, Kodad . Two CCs to the Public Prosecutor, High Court of Telangana, Hyderabad. (our) 9n" 99 to SRl. K. Durga Prasad, Advocate [OPUCI Two CD Copies @ 4.

5.

AS/SA

I / HIGH COURT DATED:03/09/2025 /!i, //s

ORDER

rl li 2l,lzt L-r B2 o '-) CRLP.No.11344 ot 2025 r9.

* * t-rFi1 CRIMINAL PETITION IS DISPOSED OF a