Padala Thuiasi And 3 Others v. The State Of Telangana
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENry TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 1'1869 OF 2022 Between:
1. Padala Thulasi, Wo. P. Kondala Rao, aged 51 year, Occ: Housewife, R/o. H.No.10- 14814, SC,ST Colony Vishalakshi nagar, Kailasagiri, Visakhapatnam, A.P
2. Padala Kondala Rao, S/o.late Mutyalu, aged 56 years, Occ: AR Head Constable, R/o.H.No.10-148/4, SC,ST Colony Vishalakshi nagar, Kailasagiri, Visakhapatnam, A.P.
3. Nandela Pushpalatha @ Pushpa, Wc. Senthcsh Kumar, Aged 26 years, Occ: Housewife, FVo. H.No. 14-9-51, Sagi Subbaraju Street, Anakapalle, Visakhapatnam District, A.P.
4. Kolamuri Govindamma, Wo. late ltlookarju, Aged 68 years, Occ: Household, Rl/o. H.No. 1-14-3, Anji Colony, Gandhi Nagar, Anakapally, Vishakaaatnam District, A.P.
... Petitioner/A2 to A5 AND
1. The State of Telangana, Represented by Public Prosecutor, High Court for the State of Telangana Hyderabad.
2. Smt. Raghumudri Navya, Wo. Padala Santhosh Kumar, Aged 28 years, Occ Housewife, F{/o.H.No.6-1-126, Ambica Colony, }lear Anjaneya Swamy Temple, Balanagar, Cyberabad. Himayath Nagar, Flyderabad
...Respondents
Petition under Section 482 of Cr.P.C praying that in the .ircumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceeciings agairrst the petitioner /A2 to A5 in C.C.No6967 of 2022 on the file of the Honbie ll Additional 'lunior Civil Judge-cum-Xlll Addiiional Metropolitan Magistrate Ccurt, Ivledchal-Malkajgiri District, at Kukatpally Cyberabad.
f .A. NO: 1OF 2022 Petition und, :r Section 482 of Cr.P .C praying that n the, circumstances stated in the Mem< randum of Grounds of Criminal Petition tre High Court may be pleased to stay all further proceedings including personal appearance of the petitioners/A2 to A{i in C.C.No- C.C.No- 6967 of 2022 on the {ile of the Honble ll Additional Junior C vil Judge-cum-Xlll Additional Metropolitar Magistrate Court, Medchal-Malkajgiri )istrict, at Kukatpally, Cyberabad. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Crin inal Petition and upon hearing the arguments of Sri M. PHANI KUI lAR, Advocate ,'or the Petitioner and tre Additional Public Prosecutor on behalf of the Respondent No.1 and Non') Appeared for the Respondent No. 2 The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.11869 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.2 to 5 to quash the proceedings against them in C.C.No.6967 of 2022 pending on the file of learned II Additonal Junior Civil Judge-cum-III Additional Metropolitan Magistrate, Medchal-Malkajgiri District at Kukatpally. The offences alleged against them are under Sections 498-4 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 29.08.2018. Later, accused No.1 and his family members started 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 leveled against the petitioners 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 inqlined to quash the proceedings
KS,J crl.Pet ti()n N('.11869 of 2022 C.C.No.6967 of 2022 pending on the file of learred L. Additonal Junior Civil Judge-cum-III Additional Metropoli :an Magistrate, Medchal-Malkajgiri District at Kukatpally, against the petitioners herein.
4. Thus, raving regard to the facts and circurnstances of the case, the att(,ndance of the petitioners herein - Accu:;ed Nos.2 to 5 is dispensed with in C.C.No.6967 of 2022 pendinrl on the file of learned II Additonal Junior Civil Judge-cun -llI Additional Metropolitan Magistrate, Medchal-Malkajgiri Distric: at Kukatpally, when represented by his counsel on record. The attendance of the petitioners-ac:used Nos.2 to 5 is dispensed with sulrject to filing an affidavit by the petitioners stating that in their aLrsence the proceedings <onducted by their counsel will not be disputed by them in any manner and also they shall not disput€, their identity. However, the petitioners shall appear before the learned Magistrate as and wherr their presence is required. In the event of the petitioners f; ilure to appear when the Court dir:cts, this order dispensing th lir attendance would stand cancelled. 5.
Accordingly, the Criminal Petition is disposed of. Miscelli neous applications pending, if any, shall :;tand closed. Sd/- P. GOWRI SHANKAR Asr;rsrANr R!fl1*o* //TRUE COPY// To, SE,]TION OFFICER The Xtrt Add tional Metrooolitan Magistrate, Ir4edchal Mrllkajgiri District at Kukatpally The Station I louse Officer, Balanagar police Station \, t\ledchal District.
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3. Two CCs to Additional Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT] 4, One CC to SRl. M. PHANI KUMAR, Advocate [OPUo]
5. Two CD Copies ---\ \).- PSR
HIGH COUR T KS,J DATED:30112t2022
ORDER
CRLP.No.11ti69 of 2022 \ .4 al:.
;- o (!il. SIEA i !r:'i n- . tl,lr,it ZDJ ), ar:
THE CRIMINAL PETITION lS DISPOSED OFF.
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