Baddula Sathish Kumar v. The State Of Telangana

rNrHE HrGH couRr F8$JsfJiJt oF TELANGANA '*'*a-l'5o1[lL5RBt['"J-R"?f; ]f '- PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINALPETITIONNO:1',l854 oF 2022 Between

1. Baddula Sathish Kumar, S/o Late Rajalingam' age. 32 Years, occ. Sales oifi;;, RdH.r'ro ir-rgls3,-e.,.a fidor, Venkatdshwara colony' Road No' lT,Saroornagar, RR Dist

2. Baddula Aruna, Wo Late Rajalingam, age 60 Y-ears' Occ Ho-use wife' FJo H- - N;-1 1-id-ba,tdt rtoor, Vent ites6wa,, 6olony' Road No '17,Saroornagar, RR Dist

3. Baddula Sai Kumar, S/o Late Rajalingam, age. 34 Yrs, Occ. Asst Manager in -' Arrow Publicatiion/' R/o H.No it-tg-ss,zna Floor Venkateshwara colony, Road No. l T,Saroornagar, RR Dist

4. Baddula Kishore, S/o Late Rajalingam, age.30 Yrs, Occ. Sales executive Raymond show roon3.7 R/o H.No 1 1-19-33,1st Floor, Venkateshwara colony, Road No. lT,Saroornagar, RR Dist

...Petitioner/Accused Nos. 1 to 4

AND 'l . The State of Telangana, Through W.P.S. Saroornagar Represented by its Public Prosecutor High Court for the State of Telangana

2. Baddula Kalapana, Wo Baddula Sathish Kumar, age.2B Years, Occ. House wife, R/o Cosmopolitan Colony, Mansoorabad, LB Nagar, RR Dist ...RespondenUDe-facto 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 Quash the proceedings in c.c .No.979 of 2021 on the file of the lll Addl Junior civil Judge cum lll Additional Metropolitan Magistrate, Ranga Reddy District, At L.B.Nagar, forthe aileged offences U/Sec.49B_ A, 323, 506 lpC, and sec. 3 and 4 of D.P. Act.

I I

t.A. NO:

oF 2022 Petition unde' section 482 of cr.p.c praying that irr the circumstances stated in the Memorandum of Grounds of criminal petition, the high court may be pleased to stay o all further proceedings in c.c .No.979 <'f 202i on the file of the lll Additional Junior civil Judge cum lll Additional Metrrpolitan Magistrate, Ranga Reddy Districi, At L.B.Nagar, for the alleged offences tJlSec.498-A, 323, 506 lPC, and sec. 3 i nd 4 of D.P. Act.

This Petition c rming on for hearing, upon perusing tl'e Memorandum of Grounds of Crimir al Petition and upon hearing lhe arguments of Sri JANARDHAN G)UD SUNKARI, Advocate for the Fetitiorrer and the Additional Public Pr< secutor on behalf of the Responden: No. 1 and None Appeared for the Resg ondent No.2 The Court made the f< llowing: ORDER

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.11854 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 4 to quash the proceedings against them in C.C.No.979 of 202L pending on the file of learned III Additional lunior Civil Judge-cum-III Additional Metropolitan Magistrate, Ranga Reddy District at L.B.Nagar. The offences alleged against them are under Sectlons 498-A,323,506 of IPC and Sections 3, 4 of D.P.Act.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent No.1 - State. Perused the record.

3.

A perusal of the record would reveal that the 2nd respondent married accused No.1 on 11.03.2016. Later, accused No.1 and his family members stafted harassing 2nd respondent physically and mentally for want of additional dowry and threatened 2nd respondent with dire consequences. In the charge sheet, prima facie, there are certain allegations levelled against the petitloners herein. They are triable issues. The petitioners have to face trial and prove their innocence. The defence taken by the petitioners cannot be considered in an application filed under Section 482 Cr.P.C. Therefore, this Court is not inclined to quash the proceedings C.C.No.979 of 202t pending on the file of learned III Additional

-, r.r(lrrrron tlo.ll854 ol2o22 Junior Civil - udge-cum-III Additional Metropolitan l4agistrate, Ranga Reddy Distri<t at L.B.Nagar, against the petitioners herein.

4. Thus, raving regard to the facts and circutnstances of the case, the atttndance ofthe petitioners herein - Accused Nos.l to 4 is dispensed with in C.C.No.979 of 202t pending on the file of learned III Additional lunior Civil Judge-cum-III Additional Metropolitan ltlagistrate, Ranga Reddy District at L.B.Nagar, when represented b1' their counsel on record. The atterdance of the petitioners-accLsed Nos.1 to 4 is dispensed with subject to filing an affidavit by tl e petitioners stating that in their absence the proceedings conlucted by their counsel will not be disputed by them in any manner and also they shall not dispute their identity. However, the pe itioners shall appear before the learned Magistrate as and when tleir presence is required. In the event of the petitioners failur( to appear when the Couft directs, this order dispensing their attendance would stand cancelled. 5.

Accordingly, the Criminal Petition is disposed of. Miscellaneou; applications pending, if any, shall starrtl closed. Sd/- P. (iOWRI SHANKAR ASSTSTANT BEqISTRp.R ll^ \ - "l r-''

//TRUE COPY// St:CTION OFFICER To, '1. The lll A.dditional lunior Civil Judge at L B. Nagar. 2- The Station Houst Officer, Saroornagar Police Station, Hyde rabac

3. Two CCs to Additi,rnal Public Proseculor, High Court for the ritate of Telangana, at Hyd :rabad [OUT]

4. One CC tc, SRI J/,NARDHAN GOUD SUNKARI, Advocate [I)PUC:]

5. Two CD Coptes .. 1 PSR \-

HIGH COUR T KS,J DATED:3011212022

ORDER

CRLP.No.11tl54 of 2022 ... Sr41 I (:

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THE CRIMIN,\L PETITION IS DISPOSED OFF.

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