Mogulla Sai Prasad Alias Talwar Sai A1 And 2 Others v. The State Of Telangana
IN THE HIGH GOURT FOR THE STATE OF TELANGANA
AT HYDERABAD MONDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE.SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 10806 of 2022 Between:
1. Mogulla Sai Prasad alias Talwar Sai , S/o. Parshuram, aged about 22 years, Ocd. Worker in GTPL Network, Fl/o.H.No.6-10-36, Hamalwadi' (Pambouli) Nizambad.
(A-1)
2. Mogulla Mahender Yadav , S/o. Parshuram, aged .about 19 years,^Occ. Stuient, Rl/o. H.No.6-10-36, Hamalwadi, (Pambouli), Nizambad. (A-2) ged about 19 years, Occ..la Dhatrika Sanjay @ Nani, S/o. Sham, A H.No. 6-'10-3/1 , Hamlwadi, Nizamabad.
bour, R/o.
(A-3) .u/ ... Petitioners/Accused AND The State of Tetangana, Rep by its Public Prosecutor, High Court for the State of Telangana, at Hyderabad
...Respondent
Petition under Section 482 of Cr.P.C praying that in the circumstances staied in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the order passed in Crl.M.P no 480 of 2022 in S.C No 153 of 2021 on the file of the Sessions Judge at Nizamabad and consequently summon the documents sought for by the petitioners in Crl'M.P No 480 o'f 2022 in S.C No 153 oI 2021 on the file of the Sessions Judge at Nizamabd in the interest of justice l.A. NO: 1 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 stay all further proceedings including appearance of the petitioners in S.C.No. 153 of 2021 on the file of the Sessions Judge at Nizambad, pending disposal of the criminal petition.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri C. SHARAN REDDY, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent No.1 The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITIO No.1O805 OF 2022 ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.J by the petitionersAccused Nos.1 to 3 to quash the proceedings against them in Crl.M.P.No.480 of 2022 in S.C.No.153 of 202L on the file of the Sessions Judge, Nizamabad. The offences alleged against them are under Sections 302, 307 R/w 34 of indian Penal Code (for short "rPC',).
2.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent - State. Perused the record.
3.
A perusal of the record would reveal that the petitioners are being convicted for the offences under Sections 302, 307 of I.P.C. The petitioners filed an application under Section 91 of Cr.P.C to summon the First Investigation Reports ( for short'FIR) in the three cases.
KS,.t Crl.Petition No.10806 of 2022
4. The learned Sessions Judge declined the prayer of the petitioners to summon the documents on the ground that the previous bad character of a person would not be relevant in criminal cases. For which reason, when the character of the deceased persons was not in question calling for the documents which are FIR's registered against the deceased could not be relevant. 5.
The counsel for the petitioners submits that the petitioners absolutely have no intent of damaging the character of the accused. However, the criminal antecedents of the deceased would be a relevant factor to be decided in a criminal case. As seen from the petition filed under Section 91 of Cr.p.C., there was no intent on the part of the petitioners to question the character of the deceased. However, the endeavor appears to bring to the Courts notice regarding pending criminal cases against the petitioners which may have a bearing on the case in view of criminal antecedents of the deceased.
6.
For the said reasons, the petitioners are at liberty to obtain certified copies of the FIR of the three documents sought to be summoned and file during the stage of defence.
KS,J Crl.Petition No.10806 of 2022 7.
Accordingly, the Criminal Petition is disposed of. Miscellaneous applications pending, if any, shall stand closed. SD/-C.PRAVEEN KUMAR ASSSTANT REGISIRAR sEcIoN drrtceR //TRUE COPY// To,
1. The Sessions Judge at Nizamabad, Nizamabad District.
2. The Station House Officer, Police Station Town-lll Nizambad, Nizambad District.
3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad.(OUT)
4. One CC to SRl. C SHARAN REDDY, Advocate [OPUC]
5. Two CD Copies.
cr/ KAM
HIGH COURT DATED:0511212022 .6:
21 !il 2[A v o 4'
+
ORDER
CRLP.No.10806 of 2022 DISPOSTNG OF TTII] CRIMINAL PETITION -k {/