Kandukure Sharan , Charan v. The State Of Telangana
/ HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENW THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 11938 OF 2022 Between:
Kandukure Sharan @ Charan, S/o. Sauilu @ Poti Sailu Aged about 26 years, Occ. Student, Rl/o H.no.C-3-35O92511, Mahatma Gandhi Nagar, West Manedpally, Secunderabad.
.....PETITIONER/A-85 AND
1. The State of Telangana, Rep. by its Public Prosecutor, High Court-for the State of Telangana at Hyderabad.
2. Sri. Ravi Kumar, S/o Ramulu, Aged about 39 years, Occ.Sub-lnspec{or of Police, Marredpally P.S., Ryo 12-515, J.J. Nagar, Alwal, Secunderabad. RESPONDENTS/COM PLAINANT 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 call for the records in PRC No.491 ol 2019 on the file of Xll Additional Chief Metropolitan Magistrate, Nampally at Hyderabad and quash the same l.A. NO: I OF 2022 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandurn of Grounds of Criminal Petition, the High Court may be pleased to dispense with the certified copy of the PRC No.491 of 2019 on the file of Xll Additional Chief Metropolitan Magistrate, Nampally at Hyderabad l.A.
NO: 2 OF 2022 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 of all further proceedings including lhe appearance of the petitioner in PRC No.491 oi 2019 on the file of the Xll Addl. Chief Metropolitan Magistrate, Nampally at Hyderabad in so far as the petitioner/A-85 is concerned This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri VEERA BABU GANDU ,Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent No.1 and of None appeared for the Respondent No.
Crl.Petition No.11938 of 2022 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION N0.11938 0F 2022 ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the pettionerAccused No.85 to quash the proceedings against him in PRC.No.491 of 2019 pending on the file of XII Additional Chief Metropolitan Magistrate, Nampally. The offences alleged against the petitioner are under Section s t43, L47, 148, 152, 307, 332, 395, 427, 435, 452 r lw 109, ll4, 149 of Indian Penal Code (for short "IPC') and Sections 3 and 4 of PDPP Act"
2.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent - State. Perused the record.
3. A perusal of the record would reveal that, petitioner/accused No.85 is situated far from the Court and facing difficulty to attend. In the charge sheet, prima facie, there are certain allegations leveled against the petitioner herein. They are 1ri3[le is-ctrg5. The petitioner have to face trial and prove his innocence. The defences taken by the petitioner
Crl.Petition No.1193A ol 2022 cannot be considered in an application filed under Section 482 Cr.P.C. Therefore, this Court is not inclined to quash the proceedings in PRC.No.49L of 2019 pending on the file of XII Additional Chief Metropolitan Magistrate, Nampally against the petitioner herein.
4. In view of the aforesaid reasons, the attendance of the petitioners herein Accused No.85 is dispensed with in PRC.No.491 of 2019 pending on the file of XII Additional Chief Metropolitan Magistrate, Nampally, when represented by his counsel on record. The attendance of the petitioner IS dispensed subject to filing an affidavit by the petitioner stating that in his absence the proceedings conducted by his counsel will not be disputed by him in any manner and also he shall not dispute his identity. However, the petitioner shall appear before the learned Magistrate as and when his prerence is required. In the event of the petitioner failure to appear when the Court directs, this order dispensing his attendance would stand cancelled.
Crl.Petitioo No.11938 of 2022 5.
Accordingly, the Criminal Petition is disposed off, giving liberty to agitate all the issues and grounds that are raised before this Court by filing discharge application before the concerned Court. In the event of such application being made, the concerned Court shall dispose it off on merits, within a period of four weeks from the date of filing.
Miscellaneous applications pending, if any, shall stand closed. I //rRUE copy// orr,rro"?o{Iai5l$T ct) To, SECTION OFFICER itrig$;p$'mt[n[#r#.ll+m""'"-,J::]::';;:,"",, d
\ tr HIGH COURT DATED:02/01/2023 i-.: STAT4:
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ORDER
\ "/, Jr .\ CRLP.No.1t938 of202?
DISPOSING OF THE CRIMINAL PETITION \.t