Nirudu Ramchander Rao v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD MONDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE E.V, VENUGOPAL CRIMINAL PETITION NO: 12784 OF 2024 Between:
Nirudu Ramchander Rao, S/o Manemmayee Age 42 Years, Occupation Private Employee, Address H No. B- 3- '169/1056, Habeeb Fathima Nagar, Phase- 2, Yousuf Guda, Ameerpet, Sanat Nagar 1E, Hyderabad, Telangana- 500016
...Petitioner/Accused
AND
1. The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad.
2. B. Gopamma, W/o Mallesh. Age 53, Occ: House Wife, R/o H. No B- 3- '169/1056, Habeeb Fathima Nagar, Phase- 2, Bora Banda, Hyderabad, Telangana- 50001 8 ... Res pondenUCompla ina nts 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 of the C. C. No. 1049 OF 2024 on the file of the Honble lll Addl Chief lvletropolitan Magistrate At Nampally. l.A. NO: 1OF 2024 Petition under Sectron 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 a stay of all further proceedings, rncluding the dispensing the personal appearance of the Petitioner in C. C. No. '1049 OF 2024 on the file of the Honble lll Addl Chief Metropolitan Magrstrate At Nampally pending disposal of the above quash petition.
This Petition coming on for hearing. upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Dr. B Karthik Narayan, Advocate for the Petitioner and the Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respotldent No.1 . The Court made the following: ORDER
I THE HONOURABLE SRT JUSTICE E.V.VENUGOPAL CRIMINAL PETITTON No.12784 0F 2024 ORDER:
The present Criminal Petition is filed questioning the order dated 11.03.2024 passed by the learned III Additional Chief Metropolitan Magistrate, Nampally, Hyderabad (for short, "the trial Court") in C.C.No' lO49 of 2024'
2. Heard Sri Dr' B. Karthik Narayan, learned counsel for petitioner, and Sri Jithender Rao Veeramalla' learned Additional Public Prosecutor appearing for the first respondent-State. Perused the record'
3. Learned counsel appearing for the petitioner would strongly contend that it is a false case registered fraudulently and that the property in question is pertaining to one Ms. Maniamma on the strength of Form-D Patta certificate vide document bearing No.F/4569/95 issued by none other than Revenue Divisional Officer, Hyderabad on 15.O8.1995. Therefore, the question of trespass does not arise. He would further fairly admit that there is no progress in the investigation. However, he would seek indulgence of I
this Court by contending that without there being establishment of Possessron over the Property or the title case has been registered bY the Hence, he would submit that it is deeds etc., a false respondent/ Police '
nothing but abuse of process of law'
4. On the other hand' the learned Additional Public Prosecutor seeks to dismiss the petition and submits that unless full fledged trial is conducted' truth or otherwise of the offences levelled against the petitioner cannot be determined.
5. Having heard the learned counsel for the petitioner and learned Additional Public Prosecutor' the attendance of the petitioner-Accused is dispensed with in C'C'No'1049 of 2024 before the learned III Additional Chief Metropolitan Magistratem, Nampally' Hyderabad' when represented by his counsel on record' The attendance of the petitioner-accused to {iling an affidavit bY the is disPensed with subject his absence, the Proceedings petitioner stating that in conducted by his counsel will not be disputed by him in any manner and shall not dispute his identity also' However' the
.,) petitioner-accused shall appear before the learned Magistrate as and when his presence is required. In the event of failure of the petitioner to appearuvhen the Court directs, this order dispensing with his attendance shall stand cancelled.
6. Accordingly, criminal petition 1S disposed of. There shall be no order as to costs.
Miscellaneous Petitions, pending if any, shall stand closed.
Sd/. T. TIRUMALA DEVI ASSISTANT REGISTRAR ,TRUE COPY// SECTION OFFICER To, The lll Additional Chief Metropolitan Magistrate at Nampally, Hyderabad. The Station House Officer, Borabanda Police Station, Hyderabad District Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad. (OUT) One CC to Sri B Karthik Narayan, Advocate TOPUC j Two CD Copies 4.
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HIGH COURT DAf ED:0411112024 { I s R a ( r4 o 2 , il t 20n o?!
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ORDER
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CRLP.No.12784 ot 2024 A4 t t) c T CRIMINAL PETITION IS DISPOSED OF ?J @c{'
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