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High Court for State of TelanganaCRLP/8404/2018disposed of no costs

Muthyam Ravinder Goud v. The State Of Telangana

2023-11-09K.Surender4 pages

13251 1

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY,THE NINTH DAY OF NOVEMBER TWO THOUSAND AND TWENTYTHREE PRESENT THE HONOURABLE SRl JUSTICE K.SURENDER CRIMINAL PETITION NO: 84O4 OF 2018 Between:

1 . Muthyam Ravinder Goud, S/o. Late Muthyam Agaiah, Occ - Agriculture, R!/o Julapally Village, Kamanpur Mandal, Peddapally (Karimnagar) District.

2. Muthyam Radikd, Wo. Ravinder Goud, Rl/o Julapalty Village, Kamanpur Mandal, Peddapally (Karimnagar) District.

3. Muthyam Laxmi, W/o. Late Agaiah, Rt/o Julapally Village, Kamanpur Mandal, Peddapalli (Karimnagar) District ...pETrroNERs/AccusEDS No. 1 to 3 AND

1. The State of Telangana, through SHO.,P.S., Kamanpur, Rep. by. its Public Prosecutor, High Court of Judicature at Hyderabad For the State of Telangana and the State of Andhra Pradesh.

2. Mutyam Shanker,S/o Bapu Rl/o Julapally Village, Kamanpur Mandal, Peddapalli (Karimnagar) District ...RE.'.NDENT/.oM'LATNANTS 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 quash the proceedings in C.C.No.413 2017 , on the file of Judicial Magistrate of First Class, Manthani, Peddapalli (Karimnagar) district, against the Petitioner/Accused.

l.A. NO: 1 OF 2018 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 Court may be pleased to grant stay of all further proceedings including the appearance of the petitioners/Accused No. 1 to 3 in C.C.No.413 OF 2017 on the file of Judicial Magistrate of First Class, Manthani, Peddapalli (Karimnagar) district till the disposal of the Main Quash Petition. This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri RAMACHANDAR RAO VEMUGANTI, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No.1 and of None appears for the Respondent No.2.

The Court made the following: ORDER

THE HON'BLE SRI IUSTICE K.SURENDER CRIMINAL PETITION No.8404 OF 2018 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C'') by the petitioners/Accused Nos.1 to 3 to quash the proceedings in C.C.No.413 of 2017 on the file of the ]udicial Magistrate of First Class, Manthani, Peddapalli, Karimnagar Diskict, registered for the offences punishable under Sections 504 and 506 r / w 34 of Indian Penal Code.

2.

Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State and perused the record.

3.

Learned counsel for the petitioners would submit that the case and counter case have been filed by the petitioners and the respondent/complainant. He further submits that the cases are pending before the trial Court. Since the case

and countcr case were filed, it is appropriate that the trial Court decides with the said issue.

4.

Accordingly, this Criminal Petition is disposed of Needless to say the defence of the petitioners is that false case was filed on account of pending civil disputes, the same shall be considered by the trial Court.

Miscellaneous applications pending, if any, in this i criminal petition, shall stand closed.

SD/. T.VIJAY KUMAR ASSTSTANTySTRAR -i "t- :

//TRUE COPY// SECTION OFFICER iJ To,

1. The Judicial Magistrate of First Class, Manthani, Peddapalli (Karimnagar) District

2. The Station House Officer, Kamanpur Police Station, Karimnagar'

3. One CC to Sri Ramachandar Rao Vemuganti, Advocate [OFUC]

4. Two CCs to Public Prosecutor, High cou( for the state of Telangana (oUT)

5. Two CD CoPies BJLB NS w

HIGH COURT e STAI€ o ,] q oo * t.l,) * OF5 i,A.r c\'

i 0 JAti 2[2[ .+r\ DATED:09/'11l2023

ORDER

.

t CRLP.No.8404 of 2018 CRIMINAL PETITION IS DISPOSED OF g erK?) W r?\il-21