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High Court for State of TelanganaCRLP/7027/2015disposed of no costs

Vikaram Manohar Salukne , Vikram And 3 Otehrs v. The State Of Telangana And Another

2023-07-06E.V. Venugopal6 pages

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY, THE SIXTH DAY OF JULY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION NOi7027 IQF 2015 Between:

1. VIKARAM MANOHAR SALUKNE, VIKRAM, S/o.Manohar Tukaram Salunke, Aged about 33 years, Occ Advocate, Rl/o.Swagat Mahsul Colony, Mahatma Gandhi Nagar, Osmanabad - 413501 .

2. Jagannatha Rao Pawar, S/o. Late Ramchander Rao Pawar, Aged about 40 years Occ Employee In Pay and Accounts, C/o.Mohammed Maqsood Ali, H.No.B-1-284lOU/285, Osmania University Colony, Shaikpet, Hyderabad.

3. Smt.Poonam, Wo. Jagannatha Rao Pawar, Aged about 34 years, Occ Household, Rl/o.Osmania University Colony, Shaikpet, Hyderabad.

4. Manohar Tukaram Salunke, S/o.Tukaram Salunke, aged about 65 years, Occ Retired Employee, Rl/o.Swagat Employee, Mahatma Gandhi Nagar, Osmanabad - 413 501.

...PETITIONER/ACCUSED Nos.1 to 4 AND

1. THE STATE OF TELANGANA, Through Public Prosecutor, High Court at Hyderabad For the state of Telangana and the state of Andhra Pradesh

2. Smt.Shilpa Vikaram Salunke, Wo.Vikram Manohar Salunke, Aged about 26 years, Sai Nagar, Ayyappa Society, Madhapur, Hyderabad. ...RESPONDENTS Petition under Section 482 oI CI.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 C.C. No. 290 of 2015 on the file of XXV Metropolitan Magistrate, Cyberabad, Ranga Reddy District at Kukatpally l.A. NO: 2 OF 201S(CRLPMP. NO: 6951 OF 2 15 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 in CC.No.290/2015 on the file of the XXV Metropolitan Magistrate, Cyberabad, Ranga Reddy District at Kukatpally

including appearance of petitioner / accused Nos. 2,3 & 4 on each and every date of hearing pending disposal of the main Crl.P This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K PRADEEP REDDY, Advocate for the Petitioner and the Additional Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 and None appeared for the Respondent No.2 The Court made the following: ORDER

,| THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL CRIMINAL PETITION No.7O27 OF 2015 ORDER:

The present Criminal Petition is filed under Section 482 of Cr.P.C. seeking to quash the proceedings in C.C.No.290 of 2015 on the file of learned XXV Metropolitan Magistrate, Kukatpally, at Miyapur.

2.

Heard Mr. K. Pradeep Reddy, learned counsel for the petitioners and Mr. Vizarath Ali, learned Assistant Public Prosecutor appearing for respondent State.

3. The brief facts of the case are that, on 01.09.2014, respondent No.2-wife filed a private complaint on the hle of learned XXV Metropolitan Magistrate Court, Kukatpally at Miyapur stating that the marriage between petitioner No.1husband and respondent No.2-wife was solemnized on 02.06.2013 at Mahmood Function Hall, Yousufguda, Hyderabad as per Hindu rites and customs. Petitioner Nos.2 to 4 are relatives of petitioner No. 1. She submitted that her husband was an Advocate practicing at Maharashtra and he threatened to divorce her at the instance of his sister and brother-in-law and also humiliating her for want of dowry. She told her parents

Z about the problems being metted out by her at the halds of her husband and relatives of her husband. But in vain. Thus, she was subjected to cruelty by them, for which she sustained severe injuries. Therefore, a case was registered vide C.C.No.290 of 20 15 against the petitioners/accused for the offences punishable under Sections.323, 498-A, 506 of Indian Penal Code and Sections.3, 4 and 6 of Dowry Prohibition Act. 5.

A perusal of the record shows that this Court vide order dated 06.08.2015 in Crl.P.M.P.No.6951 of 2015 dispensed with the appearances of petitioner Nos.2 to 4/accused Nos.2 to 4 before the Court below.

6.

Lrarned counsel for the petitioners submitted that trial has already been commenced before the Court below and the matter 1S posted for examination of witnesses. Therefore, seeks to dispose of the Criminal Petition by dispensing with the appearances of the petitioners herein before the Court below. 7.

Learned Assistant Public Prosecutor also seeks to dispose of the Criminal Petition by directing the petitioners to appear before the trial Court as and when their appearance is necessary.

8. In view of the facts and circumstances of the case and considering the submissions of both the learned counsel, this Court is inclined to dispose of the Criminal Petition by dispensing with the appearances of the petitioners unless required to appear by the trial Court for speedy disposal of the case. 9.

With the above direction, the Criminal Petition is disposed of.

Miscellaneous Petitions, pending if any, shall stand closed. ASS,STiRfTEETJHTH //rRUE CoPYil Cb SECTIOii OFFICER To, The XXV Metropolitan Magistrate Cyberabad Ranga Reddy District at Kukatpally, Hyd'erabad Two CCs to the PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad [OUT] One CC to SRl. K PRADEEP REDDy Advocate [OpUC] Two CD Copies KKS l i l

HIGH COURT DATED:0610712023 1uf sr,1a A.

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ORDER

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