Kavita Chandragiri, v. The State Of Telangana,
[ 3444 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERA BAD:'>
THURSDAY,THE TWENTY FIFTH DAY OF SEPIEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION NO: 12603 OF 2025 Between:
Kavita Chandragiri,, W/o.Dr.Srikanth, Aged about- 44 years, Oc-c. Doctor, R/o.Flat NO.40Z, Apuroopa Apartment, Motilal Nehru Nagar, Begumpet' Hyderabad.
...PETITIONER/ACCUSED AND The State of Telangana,, represented by its Public Prosecutor High Court for the State of Telangana at Hiderabad.
Smt.Praveen Paleja,, Wo.Late Vijay Paleja' Age .66 years, Occ. Housewife, R/o.Flat No.401, Apuroopa Apartment, Motilal Nehru Nagar' Begumpet, Hyderabad ...RESPONDENT/COMPLAINANTS 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 call for the records relating to c.c.No.1 137 ol 2022 on the file of the XI Additional Chief Judicial Magistrate at Secunderabad and quash the same. l.A. NO: 1OF 2025 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 stay all further proceedings in C.C.No.1137 of 2022 on the file of the Xl Additional Chief Judicial Magistrate at Secunderabad, pending final disposal of the present Criminal Petition, and pass such.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MOHD SUBHAN PASHA, Advocate for the Petitioner and sri Jithender Rao Veeramalla, the Additional Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2.
The Court made the following: ORDER
TFIE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.126@ ot |1025 ORDER:- 1.
This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking to quash the proceedings against the petitioner/accused in C.C.No.'l 137 oI 2022, on the file of the learned Xl Additional Chief JLrdicial Magistrate, Secunderabad, registered for the offences under Sections 294 (B), 506 and 427 of IPC
2. Heard Sri Mohd.Subhan Pasha, learned counsel for the petitioner/accused as well as Sri Jitender Rao \/eeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1-State 3.
Learned petitioner's counsel submitted that lhe petitioner is facing false allegations and that there is a civil suit pending before the Civil Court and that during pendency of the said suit, the present complaint is filed with a malicious intention and that there has been a dispute with regard to the car parking area in the Apartments due to which, there are differences between the petitioner and the de facto complainant and the defacto complainant has loCged a false complaint against the petitioner. He further submitted that there are I It
no eye Witnesses to the incident. Hence the offences aileged against the petitioner cannot be proved before the Trial Court and therefore prayed to quash the proceedings against the petitioner. 4.
The learned Additional Public Prosecutor submitted that the scene of offence falls within the Apa(ments and that the pendency of civil suit itself shows that there is a motive behind the said incident and hence prayed to dismiss the petition.
5.
Perused the record. The contents of the complaint and the charge sheet point out the offences under Sections 294 (B), 506 and 427 ot IPC alleged against the petitioner. Truth or otherwise in the allegations can be tested during the course of trial 6.
Hence, the Criminal Petition is disposed of dispensing with the presence of the petitioner/accused before the Trial Court provided that the petitioner is represented through an Advocate on every date of hearing and that she shall be present before the Trial Court whenever she is specifically required during the course of trial 7 .
Miscellaneous petitions pending, if any, shall stand closed. L SD/- B.REKHA RANI ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// \ Tb.
1. The Xl Additional Chief Judicial Magistrate at Secunderabad
2. The Station House Officer, police Stition, Begumpet, Hyderabad
3. Two CCs to the PUBLTCpROSECUTOR, High-Court at Hyderabad. (OUT)
4. One CC to SRt MOHD SUBHAN PASHA Atvocate tOp0cl
5. Two CD Copies \ 1'I)K/PSL ,,9..
HIGH COURT DATED :2510912025 'rr-- i:, i., ;
:"\, t:
1/'
r ; ttl t[?5 .:- Il ! ) ii Ii, \ -t
ORDER
CRLP.No.12603 of 2025 CRIMINAL PETITION IS DISPOSED OF @) )b fi