Boddu Suresh Reddy v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE THIRTIETH DAY OF DECEIUBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRt JUSTICE K.SURENDER Between:

Boddu suresh Reddy, S/o. B yadi Reddy, Aged about, 40 years, occ. Business, Rlo.2-ll,tviajeedpur Viilage, Abdu't[apuimet-rririndat, R;;iliRedd, District, Boddu. N1O.i Reddy,_ S/o. B. yadi Reddy, Aged about, 37 years, Occ. Business, Rlo. 2-ll,trrlajeedpur Viilage, nboiritapirmei rr,ranbai, ni"giR"ddy District,

3. B. Linga R/o.H.No District.

S/o. B. Bal Red ajeedpur Village, Reddv, IV dy, Aged about 59 years, Occ. Business, Abdullahpurmet [\Iandal, Ranga Reddy 2-2,

4. Pgo{rl^"t.ga Reddy, s/o, Linga -Reddy, Aged about, 35 years, occ. Business, Rlo.2-2,ltAajeedpui Viilage, nbouttapuimei [r,tandai, irlnga nebov oirtriii,'-

5. Boddu Hanumanth Reddy_@ Hglyma Egddy, s/o. Bal Reddy, Aged about. 63 years,.or.. Agricultural, R7o. H.No. 1-91,'Maziopur Viiriga, A'bdrll;iuimet mandal, R.R. District.

6. Boddu Ramesh Reddy. _s/9, B. Hanuma.nthu Reddy, Aged about. 34 years, occ. Business, R/o. 1-gg, Maleedpur Village, nuouiripurmet Mandal, Ranga Reddy District, Boddu Mahinder Reddy @ Mahesh Reddy, glo. B. Hanumanthu Reddy, Aged 3Por1. 30 years, occ. []uEiness, R/o. t-g9, NaajeeopJi viirage, euourrdpuifiet Mandal, Ranga Reddy District, ... PETITION E RS/ACCU S E D AND The state of relanoana, Represented by public prosecutor, Telangana High Court, Hyderabad.- RESPON DENT/ RESPONDENT

2. Nomula Ashok [|lrr_, s/o. Antaiah, Aggd about. 5g years, occ. Business, R/o. H.No. 16-2-T02, Balaji House, Maiakpet, HtdeiaGd.

3. The Station House officer, ps Abdullapurmet, Rachakonda. ... RESPO NDENT/DEFACTO COMPLAI NANTS

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 CC No. 11 of 2022 dated. 05-01-2021 before the Honorable XIV Addl. Metropolitan Magistrate, Rachakonda, at Hayathnanagar, under Sec. 447, 427, 506 R/w. 34 of IPC against the petitioner/accused No. 1 to 7 herein.

l.A. NO: 2OF 2022 Petition under Section 482 o'f 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 in the entire proceeding in quash the CC No. 1 '1 of 2022 dated. O51O112021 before the Honorable XIV Addl. Metropolitan N/agistrate, Rachakonda, at Hayathnanagar, offences under Sec 447,427,500 R/.w. 34 of IPC against the petitioner/accused No. 1 to 7, pending disposal of the disposal of the above criminal petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri SURESH SHIV SAGAR, Advocate for the Petitioner and of the Additional Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 and 3 and None Appeared for the Respondent No.2 The Court made the following: ORDER

, Crl.Petition No.11884 of 2022 THE HONOURABLE SRI JUSTICE K.SURENDER ( CRIMINAL PETITION No.11884 OF 2022 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, L973 (for short 'Cr.P.C.) by the petitionersI I Accused Nos.1 to 7 to quash the proceedings against them in rl I C.C.No.11 of 2022 pending on the file of XIV Additional Metropolitan Magistrate, Rachakonda at Hayathnagar. The offences alleged against them are under Sections 447, 427 and 506 read with 34 of Indian Penal Code (for short "IPC').

2.

Heard learned counsel for the petitioners-Accused Nos.1 to 7 I and learned Additional Public Prosecutor for the respondent - State. Perused the record.

3.

Learned counsel for the petitioners confined his prayer to dispense with the personal appearance of the petitioners - Accused Nos.1 to 7 .

\ 4.

Thus, having regard to the facts and circumstances of the I I case, the attendance of the petitioners - Accused Nos.2 to 7 is dispensed with in C.C.No.11 of 2022 pending on the file of XIV

crl.Petition No.11884 0f 2022 Additional Metropolitan Magistrate, Rachakonda at Hayathnagar, ,L^ - when represented by their counsel on record. The attendance of the petitioner Nos.2 to 7 is dispensed with subject to filing affidavits by them stating that in their absence the proceedings conducted by their counsel will not be disputed by them in any manner and also they shall not dispute their identity. However, the petitioners shall appear before the learned Magistrate as and when their presence is required. In the event of the petitioners failure to appear when the court directs, this order dispensing their attendance would stand cancelled. No such relief is given so far as petitioner No.1 - Accused No.1 is concerned.

5.

Accordingly, the Criminal Petition is disposed of. Needless to say, in the event of the petitioners filing an application under seeking discharge, the concerned court shall dispose it of on merits within a period of four (04) weeks Miscellaneous applications pending, if any, shall stand closed. Sd/. L.SIVA PARVATHI ASSISTANT REGISTRAR //TRUE COPY// @ SECTION OFFICER To,

1. The XIV Additional Metropolitan Magistrate, Rachakonda at Hayathnagar' Z. fne Principal Junior Civil Jr{dge, Rqng., Redd,y,District, atNayathnagar.

5. ff'lu Statioh House Officer, Pdlice Station Abdullaqurmet, Rachakonda.. A. fwo CCs to the Public Prosecutor for the state of Telangana at Hyderabad (our)

5. bne CC to SRl. SURESH SHIV SAGAR, Advocate [OPUC]

6. Two CD Copies pr er'*'

HIGH COURT KS,J DATED:30/1 212022 't STA ,e , r''i :

g m Jrtl 2uI3 fr

ORDER

CRLP.No.1 1884 of 2A22 * DISPOSING OF THE CzuMINAL PETITION