Smt.Chinnam Bhulaxmi And 3 Others v. State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY,THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION NO: 9453 OF 2022 Between:

1. Smt.Chinnam Bhulaxmi, W/o Laxmaiah, Aged 51 years, Occ- Agriculture,

2. Chinnam Laxmaiah, S/o Narsaiah, Aged 55 years, Occ- Agriculture,

3. Chinnam Kiran, S/o Laxmaiah, Aged 32 years, Occ- Govt. Employee,

4. Chinnam Swamy, S/o Narsaiah, Aged 48 years,- Govt. Employee, All are Rl/o Koratikal village, Athmakur Mandal, Yadadri-Bhongir District. Petitioners/Accused No.2 to 5 AND State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad.

Respondent No.1 Chinnam Vennela, Wo Arjun, Aged 27 years, Occ- Forest Beat Officer, Rl/o H.No.2-1 1-6711, Reddywada, Opp- Old DSP Office, Bhongir Town and Mandal, Yadadri-Bhongir Distric!5081'1 6.

Respondent No.2/Defacto-Complainant Petition under Section 482 of Cr.P.C, praying that in the circumstances stated the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for records and quash the Charge Sheet against the Petitioners/Accused No.2 to 5 in C.C.No. 1 31 3 of 2019 on the file of Judicial First Class Magistrate at Bhongir and such other order or order as this Hon'ble Court may deem fit. lA NO: 2 OF 2022 Between:

1. Smt.Chinnam Bhulaxmi, Wo Laxmaiah, Aged 51 years, Occ- Agriculture,

2. Chinnam Laxmaiah, S/o Narsaiah, Aged 55 years, Occ- Agriculture,

3. Chinnam Kiran, S/o Laxmaiah, Aged 32 years, Occ- Govt. Employee,

4. Chinnam Swamy, S/o Narsaiah, Aged 48 years,- Govt. Employee, AII are Rl/o Koratikal village, Athmakur Mandal, Yadadri-Bhongir District.

,7 Petitioners/Accused No.2 to 5 AND 1 . Stlle. of Telangana,. Rep. by its public prosecutor, High Court for the State of Telangana at Hyderabad.

Respondent No.1

2. Chinnam Vennela,_ Wo Arjun, Aged 27 years, Occ_ Forest Beat Officer, R/o H.No.2-1 1-6711 , Reddywag",gpp: OtO OSp Office, Bhongiiiown inO Mandal, Yadadri-Bhongir District-S08i I 6.

Respondent No.2/Defacto-Complainant 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 grant stay of all further proceedings against the petitioners/Accused'No.2 to 5 in c.c.No. 1313 of 2019 on the file of Judicial First class Magistrate at Bhongir and pass such other order or orders as this Hon'ble Court may deem fit_ ^ The Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri pApAlAH PEDDAKULA, Advocate for the petitioner and of the Assiitant public prosecutor for the state of relangana on behalf of the Respondent No.1 and None Appeared for the Respondent No.2 The Court made the following: ORDER

HOI{BLE DT. JUSTICE CHILI.AKUR STJMALATHA CRIMINAL PETITION No.9453 of 2022 ORDER:

Heard the submission of the learned counsel for petitioners as well as the learned Additional Public Prosecutor who is representing respondent No.l-State. In the light of the limited relief sought for, issuance of notice to respondent No.2 is felt not necessary.

2.

Seeking the Court to quash the proceedings that are pending against the petitioners who are arrayed as accused Nos.2 to 5 in C.C.No.1313 of 201.9 on the file of the Court of Judicial Magistrate of First Class, Bhongir, the present Criminal Petidon is Iiled.

3.

Learned counsel for the petitioners submits that the petitioners have not committed any offences whatsoever. The petitioners never involved in the family affairs of accused No.1 and respondent No.2. Respondent No.2 implicated the family members of her husband (accused No.1) in a false case and indeed, the petitioners are facing much difficulty in attending the trihl Court on each ald -=>--

DT.CSL' J CrlPNo.9453 of 2022 every adjournment and hence, no further orders are required in this Criminal Petition except to dispense with the personal appeararce of the petitioners before the trial Court on each and every adjournment'

4.

l,earned Additional Public Prosecutor did not raise any objection for gralt of such a relief'

5.

Having considered the submission thus made' this Criminal Petition is disposed of with the following directions: - (1)The Court of Judicial Magistrate of First Class, Bhongir, is directed not to insist upon the personal appearance of the petitioners who a're arrayed as accused Nos.2 to 5 in CC'No'1313 of 2019 that is pending on the file of the said Court in case they are represented by a counsel.

(2) It is made clear that the petitioners-accused Nos.2 to 5 shall make their appearance as and when specifically directed by the trial Court to do so.

.) DT.CSL, J CrtPNo.9453 of 2022 6.

As a sequel, pending miscellaneous applications, if any, shall stand closed.

l Sd/- NAYANI CHANDRA SEKHAR RAO ASSISTANT REGISTRAR //TRUE COPY/I , SECTION OFFICER To, 1 . The Judicial First Class Magistrate at Bhongir, Nalgonda District

2. The Station House Officer,Women Police Station, Bhongir, Nalgonda District.

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

4. One CC to SRl. PAPAIAH PEDDAKULA Advocate [OPUC]

5. Two CD Copies ?no^-

HIGH COURT Dr. CSLJ DATED:2811012022 ' {,- O,o-. .'.

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ORDER

CRLP.No.9453 of 2022 DISPOSING OF CRIMINAL PETITION q;lt;