P.Prasad Rao v. The State Of Telangana And Another

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY THE TWENW FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 9426 OF 2022 Between:

P. Prasad Rao S/o. P. Venkaiah, aged about 57 years, Occ. Business, R/o. H.No. 1-2-74 and 75 Surya Crystal Apartments, Kakatiya Nagar Colony, Habsiguda, Hyderabad-500 007.

...Petitioner/Accused

AND The State ofTelangana, through SHO, AH Team CCS, DD, Hyderabad, represented by its Public Prosecutor, High Court, Hyderabad. Ratan Pillai S/o. Chellappa, aged about 40 years, Occ. Director of Pillai Heibhts Private Limited, R/o. Flat No.301 Swarna Heavens, Road No. 13, Banjara Hills, Hyderabad.

...Respondents/Complainant

Petition under Section 482 ol Cr.P.C 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 the charge sheet in C.C.No. 106 of 2018 on the file of the Xll Additional Chief Metropolitan Magistrate at Hyderabad, and quash the same thereon.

l.A. NO: 1OF 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 dispense with filing of the certified copy of the charge sheet in C.C.No. 106 of 2018 on the file of the Xll Additional Chief Metropolitan Magistrate at Hyderabad, in the interest of justice.

l.A. NO: 2 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 grant stay of all further proceedings including the appearance of the petitioner in C.C.No. 106 of 2018 on the file of the Xll Additional Chief Metropolitan Magistrate at Hyderabad. pending disposal of the Criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon lrearing the arguments of M/s. Kandula Jayasree, Advocate for the Petitioner and 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

Crl.Petition No,9426 of 2022 .

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION N0.9426 0F 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 to quash the proceedings against him in C.C.No.106 of 2018 pending on the file of XII Additional Chief Metropolitan Magistrate at Hyderabad. The offences alleged against the Accused are under Sections 448, 323 and 427 read with Section 34 of Indian Penal Code (for short "lPC') 2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent - State. Perused the record.

3. In the charge sheet, prima facie,there are certain allegations leveled against the petitioner herein. They are triable issues. The petitioner has to face trial and prove his innocence. The defence taken by the petitioner cannot be considered in an application filed under Section 482 Cr.P.C. Therefore, this Court is not inclined to quash the proceedings in C.C.No:106 of 2018 pending on the file of

C.l.Petition No.9426 of 2022 XII Additional Chief Metropolitan Magistrate at Hyderabad against the petitioner herein.

4.

Having regard to the facts and circumstances of the case and keeping in view that the petitioner - Accused is aged about 57 years, this Criminal Petition is disposed off with the following directions:

i) The attendance of the petit.ioner - accused is dispensed with in C.C.No.106 of 2018 pending on the file of XII Additional Chief Metropolitan Magistrate at Hyderabad, when represented by his counsel on record.

ii) The attendance of the petitioner is dispensed subject to filing an affidavit by the petitioner stating that in his absence the proceedings conducted by his counsel will not be disputed by him in any manner and shall not dispute their identity also. iii) However, the petitioner shall appear before the learned Magistrate as and when his presence is required. In the event of the petitioner failure to appear when the Court directs, this order dispensing his attendance shall stand cancelled.

/ Crl.Petition No.9426 of 2022 Miscellaneous applications pending, if any, shall stand closed. SD/- K. SHYLESHI DEPUry REGISTRAR //TRUE COPY// @;t\ ) To, SECTION OFFICER '1. The Xll Additional Chief Metropolitan Magistrate at Hyderabad.

2. The Station House Officer, Panjagutta Police Station, Hyderabad.

3. Two CCs to the Additional Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT]

4. One CC to M/s. Kandula Jayasree, Advocate [OPUC]

5. Two CD Copies ok Prq c.,'

HIGH COURT KS,J DAIED:241'1112022 .=-::\ ,-:

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ORDER

CRLP.No.9426 ot 2022 CRIMINAL PETITION IS DISPOSEI) OF qsq'

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