Kudumula Pradeep Kumar Reddy v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY, THE TWENTY EIGHTH DAY OF DECEMBER .

TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 11736 OF 2022 Between:

Kudumula Pradeep Kumar Reddy, S/o. Late Ranga Reddy, Aged about 35 Years, Occ: Business, RJo. H. No. 2-12711918, Vijaypuri Colony, Near Yellamma Temple, Uppal, Medchal Malkajgiri District.

... Petitioner/Accused AND

1. The State of Telangana, Represented by its Public Prosecutor, High Court for the State of Telangana, through SHO PS. Keesara, Rachakonda Commissionerate Having office at Vayupuri, Neredmet Medchal Malkajgiri District.

.. . Respondent

2. Boya Maidamma, Wo. Chandraiah, Aged about 46 Years, Occ. Household, R/o. Plot No. 243, J.K. Colony, Neredmet, Under GHMC Malkajgiri Circle and Mandal, Medchal Malkajgiri District.

...RespondenUDefacto - 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 further Proceedings including appearance of the Petitioner/Accused in C.C. No. 232512020 on the file of III Additional Metropolitan Magistrate, Malkajgiri Medchal Malkajgiri District, pending disposal of the above Quash Petition.

// ./ LA. NO: 1 OF 2o22 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 Petitioner / Accused in C.C. No. 232512020 on the file of lll Addl. Metropolitan Magistrate, Malkajgiri, Medchal Malkajgiri District, pending disposal of the above Quash Petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri POLICE VENKAT REDDY. Advocate for the Petitioner and the Additional 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.U736 of 2022 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.11736 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 petitionerI Accused seeking to quash the proceedings against him in I C.C.No.2325 of 2020 pending on the file of learned III Additional I !

I t !

Metropolitan Magistrate, Malkajgiri. The offences alleged against i him are under Sections 448 and 427 of Indian Penal Code. I 2.

Heard learned counsel for the petitioner - Accused, learned counsel for the 2nd respondent and learned Additional Public Prosecutor for the respondent - State. Perused the record. 3.

The case against the petitioner is that he has trespassed into the premises of the 2nd respondent - de facto complainant and committed mischief.

Learned counsel for the 2nd respondent submits that there are claims and counter claims regarding the property.

crl.Petition No.11736 ol 2022

5. In the said circumstances, this Court under 482 of Cr.P.C. cannot decide the rights of th€r parties when there are claims and counter claims.

6.

For the said reason, this Court feels that there are no grounds to entertain the present quash petition and is liable to be dismissed.

7.

Accordingly, the Crimrnal Petitlon is dismissed. In the event of the petitioner filing an application seeking discharge, the concerned Court shall dispose it of on merits after hearing arguments within a period of four (04) weeks in the event of the charges being not framed in thc Trial Court.

Miscellaneous applications pending, if any, shall stand closed. Sd/- MOHD, SANAULLAH ANSARI ASSISTANT REGISTRAR //TRUE copy// /t'

SECTION OFFICER To,

1. The lll Additional Metropolitan Magistrate, Malkajgiri, Medchal Malkajgiri District.

2. One CC to The XVll Additional Metropolitan Magistrate at Malkajgiri, Cyberabad.

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

4. The Station House Officer, Keesara polie Station, Medchal District.

5. One CC to Sri. POLICE VENKAT REDDY, Advocate IOPUCI

6. Two CD Copies q PSR

HIGH COURT KS,J DATED:2811212022 1t'iE s T4 I {:'

( .c.l

ORDER

tt 2B,lAilZ0?l CRLF.No.11736 of 2022 .:'

* ''. ii:

THE CRIMINAL PETITION IS DISMISSED.

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