Durga Rani Chalasani v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD TUESDAY, THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTYTWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 11416 OF 2022 Between:
Durga Rani Chalasani, W/o. Late Krishna Rao Chalasani Aged about 66 years, Occ. Housewife, R|/o. FIat No.302, Sree Durga Brahmara Towers, 3rd Cross Road, Shantinagar, Masab Tank, Hyderabad ...PETITIONERYACCUSED No. 2 AND
1. The State of Telangana, Through its Public Prosecutor, High Court at Hyderabad
2. Smt. Leela Meghana Makineni, W/o. Sriram Chalasani, Aged about 35 years, Occ. Pvt. Job, Rl/o. Flat No. 513, Block A, Gayatri Hills Apartments, LIG Chitrapuri Colony, Prashanth Hills, Manikonda, Hyderabad-500032 ...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 charge sheet in C.C.No. 659012022 on the file of the Honble Court of I Addl. Junior Civil Judge -cum - IX Addl. Metropolitan Magistrate, Ranga Reddy, Kukatpally and quash the same in so far as against the petitioner.
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 of stay of all further proceedings against the Petitioner/Accused No.2 including the appearance of the Petitioner / Accused No.2 in CC.No. 6590 of 2022 on the file of the Honble Court of I Addl. Junior Civil Judge Cum IX Addl. Metropolitan Magistrate, Rangareddy District, Kukatpally, pending disposal of the quash petition.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M S Achyuth Bharthwaj, 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.11416 of 2022 1.
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.11416 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 petitionerAccused No.2 seeking to quash the proceedings against her in C.C,No.6590 of 2022 pending on the file of I Additional Junior Civil Judge cum IX Additional Metropolitan Magistrate, Ranga Reddy District at Kukatpally. The offences alleged against her are under Sections 498-4 and 417 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.
2.
Heard learned counsel for the petitioner - Accused and learned Additional Public Prosecutor for the respondent - State. Perused the record.
3.
Learned counsel for the petitioner confined his prayer to dispense with the personal appearance of petitioner - Accused No.2 as she is aged iibout 66 years and it is very difficult for her to appear before the Court on each and every date of adjournment.
Crl.Petition No.11416 of 2022
4. Considering the submission of learned counsel for the petitioner, the attendance of the petitioner - Accused No.2 is dispensed with in C.C.No.6590 of 2022 pending on the file of I Additional Junior Civil Judge cum IX Additional Metropolitan Magistrate, Ranga Reddy District at Kukatpally, when represented by her counsel on record. The attendance of the petitioner - Accused No.2 is dispensed subject to filing an affidavit by the petitioner stating that in her absence the proceedings conducted by her counsel will not be disputed by her in any manner and shall not dispute her identity also. However, the petitioner shall appear before the learned Magistrate as and when her presence is required. In the event of failure of the petitioner to appear when the Court directs, this order dispensing her attendance shall stand cancelled.
5.
Accordingly, the Criminal Petition is disposed of. Needless,to say, in the event of the petitioner filing an application under Section 239 of Cr.P.C. seeking discharge, the concerned Court shall dispose \ it of on merits.
Crl.Petition No.11415 of 2022 Miscellaneous applications pendlng, if any, shall stand closed, SD/-C,PRAVEEN KUMAR ASSISTANT REGISTRAR s.c(tlr oFFtcER To, //TRUE COPY// /il 'l . The V Additional Junior Civil Judge-Cum-Xlll Additional Metropolitan Magistrate at Kukatpally, Cyberabad
2. The Station House Officer, Women Police Station Gachibowli, Cyberabad Commissionerate.
3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT]
4. One CC to SRI M S Achyuth Bharthwaj, Advocate [OPUC]
5. Two CD Copies \'TI S,
HIGH COURT DATED:2011212022
ORDER
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q\ CRLP No.11416 of 2022 DISPOSING OF THE CRLP "fl )