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High Court for State of TelanganaCRLP/8773/2022disposed of no costs

Smt.Sunitha Patil v. The State Of Telangana

2023-01-02K.Surender4 pages

[ 3251 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 8773 OF 2022 Between:

Smt.Sunitha Patil, Wo. Dilip Kumar Patil, Aged about 56 years, Occ- Housewife, Rl/o. H.No. 3-7 -258, 1st floor, Road No.18, Nalandanagar Colony, Hyerguda, Attapur, Rajendranagar mandal, Ranga Reddy District 1n - z; ...PETITIONERYACCUSEO AND The State of Telangana, rep., by Public Prosecutor, High Court for the State of Telangana. At Hyderabad.

1.

Smt.Priyanka Suryawanihi, Wo.Anil kumar Patil, Aged about 29 years, OccPvt. Job, R/o. H.No. 11-5-347 , Opp- MNJ Caner Hospital, Redhills, Hyderabad - 500 004 ...RESPONDENT/COMPLAINANT 2.

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.3532 of 2022 on the file of the Xlll Additional Chief Metropolitan Magistrate at Nampally, Hyderabad. l.A NO: 1 OF 2022 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 including appearance of the petitioner in C.C.No.3532 oI 2022 on the file of the Xlll 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 THAKUR NITENDER SINGH, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and None appeared for the Respondent No. 2. The Court made the following:

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.8773 OF 2022 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitionerAccused No.2 to quash the proceedings against her in C.C.No.3532 of 2022 pending on the file of XIII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad. The offences alleged against her are under Sections 498-4 of IPC, Sections 3 and 4 of D.P.Act. 2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent No.1 - State. Perused the record.

3.

Learned counsel for the petitioner confines his prayer to dispense with the attendance of the petitioner herein. 4.

Thus, having regard to the facts and circumstances of the case, the attendance of the petitioner herein - Accused No.2 is dispensed with in C.C.No.3532 of 2022 pending on the file of XIU Additional Chief Metropolltan Magistrate at Nampally, Hyderabad, when represented by her counsel on record. The attendance of the petitioner-Accused No.2 is dispensed with subject to filing an affidavit by the petitioner stating that in her absence the proceedings conducted by her counsel will n.,1 be disputed by her in

K5,J Crl.Petition No.8773 of 2022 any manner and also she shall not dispute her identity. However, the petitioner shall appear before the learned Magistrate as and when her presence is required. In the event of the petitioner failure to appear when the Court directs, this order dispensing her attendance would stand cancelled.

5.

Accdrdingly, the Criminal Petition is disposed of. sd/. MOHD. SANAULLAH ANSARI ASSISTANT REGISTRAR -'-(n* / Miscellaneous applications pending, if any, shall stand closed. //TRUE COPY// SECTION OFFICER To,

1. The Xlll Addl. Chief Metropolitan Magistrate at Nampally, Hyderabad.

2. The $tption Horse Officer, WPS, CCS DD Police Station, Hyderabad.

3. Two CCs to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad (OUT).

4. One CC to SRl. THAKUR NITENDER SINGH, Advocate [OpUC]

5. Two CD Copies DL {

HIGH COURT DAIEDt02l01l2023 s (.^J

ORDER

CRLP.No.8773 of 2022 CRIMINAL PETITTON IS DISPOSED OFF 'lu (n -t(\ L t,