Telangana High Court
CRLP/11858/2022 of Pallepu Kumar Vs The state of Telangana on 30 December 2022
COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 11858 OF 2022 Between: 1. Pallapu Kumar, S/o.Kankaiah, Age.34 yrs, Occ.Labour, Caste.Waddera, R/o.6-93,
IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
FRIDAY,THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO: 11858 OF 2022
Between:
1. Pallapu Kumar, S/o.Kankaiah, Age.34 yrs, Occ.Labour, Caste.Waddera,R/o.6-93, Gatlanarisngapur, Bheemdevarapally Mandal of Hanamkonda.CeI1.[REDACTED]R/o.6-93, Gatlanarisngapur, Bheemdevarapally Mandal of Hanamkonda.CeI1.[REDACTED]
2. Pallapu Sumalatha,W/o Kumar, Age.28 Yrs, Occ.Housewife, Caste.Waddera, F/o.6-93,Gatlanarsingapuram, Bheemdevarapally Mandal ofHanamkonda.Waddera, F/o.6-93,Gatlanarsingapuram, Bheemdevarapally Mandal ofHanamkonda.
...Petitioners/Accused No.4 & 5
AND
1. The state of Telangana, Rep by its Public Prosecutor, High Court ofJudicature, Hyderabad .Judicature, Hyderabad .
2. Smt.Pallapu Chamanthi, W/o Ganesh, Age. 26Yrs, Caste.Waddera,Occ.Housewife, Ri/o.Nagendra Nagar, .Tulalwada Subedari, Hanumakonda.Occ.Housewife, Ri/o.Nagendra Nagar, .Tulalwada Subedari, Hanumakonda.
...Respondents
Petition under Section 482 of Cr.P.C praying that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to QUASH the proceedings in C.C.No.136912022 (Crime No.79/2022registered by the police officials WPS, Hanamkonda), pending on the file ofHonorable Vth Additional Judicial First Class Magistrate, At Warangal
l.A. NO: 1OF 2022
Petition under Section 482 of Cr.P.C [praying ]that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court [may]be pleased to stay all further [proceedings ]including [personal ]appearance of thepetitioners in C.C.No.136912022 (Crime No.7912022) registered by the policeofficials WPS, Hanamkonda pending on the file of Honorable Vth AdditionalJudicial First Class Magistrate, At Warangal This Petition coming on for hearing, upon perusing tire Nlemorandum ofGrounds of Crimir al Petition and upon hearing the a.g rments of Sri N.PRASANNA KUwA R, Advocate for the Petitioners and the Additional PublicProsecutor for the State of Telangana on behalf of the Respondent No.1 andNone Appeared for he Respondent No.2
The Court made th( following: ORDER
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.11858 OF 2022
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ORDER:
This Criminal Petition is filed under Section 482 of the Code ofCriminal Procedure, L973 (for short 'Cr.P.C.) by the petitioners-Accused Nos.4 and 5 to quash the proceedings against them inC.C.No.1369 of 2022 pending on the file of learned V Additionalludicial First Class Magistrate at Warangal. The offences allegedagainst them are under Sections 365, 342, 323, 324, 506 read with34 of IPC.
2. Heard learned counsel for the petitioners and learnedAdditional Public Prosecutor for the respondent No.1 - State.Perused the record.
3. Learned counsel for the petitioners confines his [prayer ]todispense with the attendance of the petitioners hereln - AccusedNos.4to [g.]
4. Thus, having regard to the facts and circumstances of thecase, the attendance of the [petitioners ]herein - Accused Nos.4 and5 is dispensed with in C.C.No.1369 of 2022 [pending ]on the file oflearned V Additional Judicial First Class Magistrate at Warangal,when represented by their counsel on record. The attendance of thepetitioners-accused Nos.4 adisnsed with subject to filing an '
(s,J
Crl.Petiti(,n No.11858 of 2022
2
affidavit by the petitioners stating that in their absence theproceedings <onducted by their counsel will not be rlisputed by themin any manrer and also they shall not disputr: their identity.However, the petitioners shall appear before the le,rrrred Magistrateas and wher their [presence ]is required. In tl'e event of thepetitioners fallure to appear when the Court directs, this orderdispensing tht'ir attendance would stand cancelled.
5. Accordirrgly, the Criminal Petition is disposed cf.Miscellareous applications pending, if any, shall ;tand closed.
Sd,. T. SRINIVPUTY REGIS][ SE(]TIOOFFICER
,TRUE COPY'
To,
1. The V Additit nal Judicial First Class Magistrate, [At ][Warangal]2. The Station tlouse Officer, Women [Police Station ][l, ][V/arangal.]3. Two CCs to he Public Prosecutor, [High Court ][for ][the ][State of Telangana]at Hyderabat .(OUT)
4. One CC to S 11. N. PRASANNA KUMAR, [Advocate ][OF'UC]5. Two CD Copi :s.5. Two CD Copi :s.
Kam/
i
HIGH COUR"
DATED:3011i'.12022
4ui"€Go,"l('qI)I:trN [?rll]o,,+-/*!ORDERCRLP.No.11ti58 of 2022
DISPOSI\G T'HT [(]RI ]N{INAt, PE'I-TTION.
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