Vikram Singh Varma And 2 Others v. The State Of Telangana And Another

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY, THE TWENryTHIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY N/VO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 10384 OF 2022 Between:

1. Vikram Singh Varma, S/o Karan Singh Varma, aged 26 years, Occ. Goldsmith, R/o H.No. 21442211, Petla Burj, Near CAR Head Quarters, Hyderabad

2. Karan Singh Varma, S/o Late Shere Singh Varma, aged 50 years, Occ. Goldsmith, Rio H.No. 21-442211, Petla Burj, Near CAR Head Quarters, Hyderabad

3. Hemalatha Varma, Wo Karan Singh Varma, aged about 47 years, Occ. Housewife, R/o H.No. 21442211, Petla Burj, Near CAR Head Quarters, Hyderabad

...Petitioners/Accused 1 to 3

AND

1. The State of Telangana, Represented by its Public Prosecutor, High Court for the State of Telangana at Hyderabad

2. Smt. Jyothi Varma, Wo Vikram Singh Varma, aged about 23 years, Occ. Housewife, R/o Panduranga Nagar, Attapur (V), Rajendranagar Mandal, R.R.Dsirict.

...Respondents/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 stay all further proceedings including appearance of the petitioners in S.C No 63 of 2022 on the file of the Special Judge for SCs/STs/(P.O.A) Act Addl Sessions Judge at L.B Nagar R.R District. 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 the filing of the certified copy of S.C.No.63 of 2022 on the file of Special Judge for SCs/STs (P.O.A.) Act Addl. Sessions Judge at L.B.Nagar, R. R.District.

t.A. NOi 2 0F 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 stay all further proceedings including appearance of the petitioners in S.C.No.63 of 2022 on the file of Special Judge for SCs/STs (P.O.A.) Act Addl. Sessions Judge at L.B.Nagar, R.R.District.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MOHAMMED ASLAM Advocate for the Petitioner and the 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.10384 of 2022 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.10384 OF 2022 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.) by the petitionersAccused Nos.1 to 3 to quash the proceedings against them in S.C.No.63 of 2022 pending on the file of Special Judge for SCs/STs (P.O.A) Act cum Additional Session Judge at L.B.Nagar, R.R District. The offences alleged against them are under Sections 498-4, Sec.3

(1) (r) SCiST POA Act, 2018.

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

3. The case was registered against the petitioners for the offences under Section 498-4, Sec.3 (1) (r) SC/ST POA Act, 2018. The allegation in the complaint is that the defacto complainant was married to the petitioner No.1 and during the course of their marriage, she was subjected to harassment by accused No.1 and his parents. Predominantly, the allegation pertains to dispute between

Crl.Petition 1.1o.10384 of 2022 the spouse for which reason, these issues can be agitated before the concerned Court by filing the discharge application. 4.

In the nreantime, the attendance of the accused Nos. 2 & 3 is dispensed witl. in S.C.No.63 of 2022 on the file of Special Judge for SCs/STs (P.O.A) Act cum Additional Session Judge at L.B.Nagar, R.R District. The attendance of the petitioners/accused Nos.2 & 3 is dispensed sub.lect to filing an affidavit by the petitioners stating that in their absence the proceedings conducted by their counsel will not be disputed by them in any rnannei' and shall not dispute their identity also. However, the petitioners shall appear before the Court as and when their presence is required. In the event of the petitioners failure to appear when the Court directs, this order dispensing their attendance would stand cancelled. The i petitioner/accused No.1 shall appear before the Court during the trail as directed by the Court below.

5.

Accordingly, the Criminal Petition is disposed off. Needless to say, in the event of the petitioners filing discharge application before the concerned Court, the Court shall dispose it off on merits.

Crl.Petition No.10384 of 2022 .

Miscellaneous applications pending, if any, shall stand closed' Sd/. T. JAYASREE ASSISTANT REGISTRAR //TRUE COPY// eb \ SECTION OFFICER To,

1. The State of Telangana, Represented by its Public Prosecutor, High Court for the State of Telangana at Hyderabad

2. The Station House Officer, Police Station Rajendranagar, Cyberabad.

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

4. One CC to SRl. MOHAMMED ASLAM, Advocate [OPUC]

5. Two CD Copies "\.)y'

PSR

HIGH COURT KS, J DATED:23111t2022 rt{e STAIAt )a l.\

ORDER

1 I l[}l 2023 t._, GRLP.No.10384 of 2022 DISPOSING OF THE CRIMINAL PETITION.

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