Thota Bharani Krishna v. State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD TUESDAY THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITtoN NO: 10154 OF 2018 Between:
1. Thota Bharani Krishna, S/o Trinath, aged about 34 years, Occ. Private Employee, R/o. H No. 24-88/43/5/4, Lalvani Nagar East Anandbagh, Malkajgiri HYderabad.
...PETITION ERYACCUSED AND
1. State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad, for the State of Telangana and for the State of Andhra Pradesh.
2. Polisetty Kishore, S/o Late Prabhakar Rao, Flat No. G-3' Malkajgiri RK Nagar, Rachakonda, Telangana.
...RESPONDENT/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 QUASH the proceedings in S.C. No. 736 of 2018 on the file of court of the Vlll Additional Senior Civil Judge, Ranga Reddy at LB Nagar'
l.A. NO: 2OF 2018 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 STAY of all further proceedings in S.C. No. 736 of 2018 on the file of court of the Vlll Additional Senior civil Judge, Ranga Reddy at LB Nagar, pending disposal of main Criminal Petition.
This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri R SIVA SAI SWARUP ,Advocate for the Petitioner and the Public Prosecutor (TG) on behalf of the Respondent No.1 and of None Appeared for the Respondent No.2 The Court made the following: ORDER I
THE IION'BLE SRI JUSTICE K. SURENDER CRIMINAL PETITION No.1O1 s4 0F 2018 ORDER:
This Criminat Petition was filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr'P'C'') seeking to quash the proceedings against the petitioner/ accused in S'C'No'736 of 2018 on the file of the learned VIII Additional Senior Civil Judge' Rangareddy District at L.B.Nagar. The offences alleged against him are under Sections 498A and 306 of the Indian Penal Code, 186O'
2.
Heard learned counsel for the petitioner as well as the learned Assistant Public Prosecutor and perused the record' 3.
On perusal of the material placed before this Court' the marriage of the deceased with the petitioner herein had taken place on 12'06'2015 at Dwaraka Tirumaia and the deceased died on 28'02'2017 i e'' after one and half years of the marriage' Learned Assistant Public Prosecutor submits that there is presumption under Section 1 13 of the Evidence Act, |872, Since the death occurred within Seven years of the marriage. As there are several factual aspects, the matter shatl be decided by the Court concerned after full-fledged trial for better adjudication' Therefore' this Criminal Petition is devoid of merits and liable to be dismissed'
tt In the light of the above , this Criminal Petition is dismissed Pending miscellaneous apptications, if any, shall stand closed' SD/- N. CHANDRASEKHAR RAO ASSISTANT REGISTAAR / \/ SECTION OFFICER //TRUE COPY// To,i. fn" Vlll Additional Senior Civil Judge, Ranga Reddy at LB Nagar.
2. Th; station House officer, police station Malkajgiri, Rachakonda. Telangana.
3. One cC to sRt. R slvA sAl SWARUP Advocate [oPUC] 4.TwoCCsthePUBLICPROSECUTOR(TG),HighCourtforthe State of Telangana, at Hyderabad [OUT]
5. Two GD CoPies \ AA *\,f-
HIGH COURT DATED: 1 7 11012023 , HE STATe ( v t'
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ORDER
* GRLP.No.10154 of 2018 THE CRIMINAL PETITION IS DISMISSED { 1B